HIGH COURT OF UTTARAKHAND
AKASH SAINI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 2700 / 2025
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
WPMS/ 2700/ 2025
Hon’ble Manoj Kumar Tiwari, J
1. Mr. Siddharth Singh, learned
counsel for the petitioner.
2. Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State of
Uttarakhand.
3. Ms. Anjali Bhargawa, learned
counsel for the respondent-Gaon Sabha.
4. Mr. Rajendra Singh Azad, learned
counsel for the intervener.
5. Petitioner has challenged a notification dated 04.08.2025 issued by Deputy Secretary, Revenue Department, Government of Uttarakhand. By the said notification, Secretary, Board of Revenue was asked to issue necessary instructions for initiating consolidation proceedings in Village Habibpur Niwada, Tehsil
Bhagwanpur, District Haridwar.
6. Petitioner has challenged the said notification only on the ground that in the concerned Village, 80 percent of land is under grove and the villagers are opposing the move of the State Government of initiating consolidation
proceedings.
7. The said submission is, however, disputed by Mr. Rajender Singh Azad, learned counsel for the intervener and also by learned counsel appearing for Gaon Sabha, who submit that as per their instructions, total land in the village
is 530.982 hectares, out of which 180.724 hectare is abadi and grove and the remaining 323.730 hectare is under cultivation. They thus submit that only a small fraction of land is grove land and all the villagers want consolidation proceedings to commence.
8. Learned counsels for the respondents thus submit that the ground taken by petitioner for challenging the impugned notification is factually incorrect and legally unsustainable.
9. Learned counsel for the petitioner, after arguing for a while, submits that petitioner be permitted to approach the State Government by making a representation.
10. Learned State Counsel submits that he has no objection if the writ petition is disposed of in terms of prayer made by learned counsel for the petitioner.
11. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Secretary, Revenue on or before 13.10.2025. If petitioner makes representation within stipulated time, the same shall be considered & decided, as per law, within three weeks thereafter. (Manoj Kumar Tiwari, J)
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