Courts Update Uttrakhand HC allows Petitioner who has been in possession...

Uttrakhand HC allows Petitioner who has been in possession of the land for more than 50 years to approach Civil court for ownership rights

-

Uttrakhand Aug 10(ILNS): The Uttarakhand High Court, recently, dismissed a Petition seeking a permanent injunction of a land on the ground that the land is under his possession for the last more than 50 years, and gave him liberty to seek an appropriate remedy before the regular Civil Court, for the relief.

The Petitioner approached the High Court with the case that for about more than five decades, he has been in a hostile possession of land, lying in village Lokmanipur, Tehsil Kotdwara, Pauri Garhwal. He submitted that as per the revenue records, the land continues to be recorded as Banjar land for agriculture purposes.

A Single Bench comprised of Justice Sharad Kumar Sharma while considering the arguments observed that, if the respondents by virtue of the order had proceeded to allot the land to the Tourism Department, for the purposes of establishment of the Gas Godown, if at all, the interference in possession of the Petitioner, has been made, then the regular suit for the grant of decree of the permanent injunction would not be barred under law rather would be the remedy available to the Petitioner.

Navnish Negi, Advocate, Petitioner argued that despite the fact that Petitioner has been in possession for a considerable long time and was cultivating the field, hence Petitioner would have matured his rights for being declared as a bhumidhar with nontransferable rights, in the light of the provisions contained under the Government Order passed on September 04, 1995.

The Counsel for the Petitioner further argued that in the light of the provisions contained under Section 122B(4-F) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. (U.P.Z.A. & L.R. Act) , which contemplates that a person in possession of land, who belongs to an oppressed class, need not file a suit for declaration of right, as he would be treated as to be a bhumidhar with non-transferable rights.

Negi contended that the action of the respondents infringes the implication of Section 122B(4-F) of the U.P.Z.A. & L.R.  Act, as per the view of the High Court, is not a procedural provision of declaration of right, but rather it is a protection granted to the oppressed class based on the factual circumstances of each case.

“In that eventuality, the writ Courts will not be in a better position, to appreciate the evidence, which is being sought to be relied on by the petitioner, by placing the photographs on record. Hence, this writ petition is being dismissed with liberty left open to the petitioner to seek an appropriate remedy before the regular Civil Court, for the grant of decree of permanent injunction on the basis of the arguments which has been agitated by the petitioner in the present writ petition. Subject to the above observation, the writ petition stands dismissed”, the order reads./ILNS/SS/SNG

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Delhi HC expresses displeasure over prolonged sealing of Nizamuddin Markaz as center cites trans-border implication for opening it

New Delhi Sept 14(ILNS): The Ministry of Home Affairs, on Monday, filed an affidavit before the Delhi...

Delhi HC adjourns Mehbooba Mufti PMLA hearing to Sept 30, Centre to seek transfer of case to SC

New Delhi Sept 14 (ILNS) The Delhi High Court today adjourned its hearing in the plea of...

Supreme Court says Nagaraj judgment already decided policy for determining backwardness, no need to revisit it again

New Delhi Sept 14(ILNS): The Supreme Court today said it is not going to decide again policy,...

Khori Gaon: Faridabad municipal corporation assures Supreme Court of completing rehabilitation by April 30, 2022

New Delhi Sept 14(ILNS): The Supreme Court today heard a plea seeking rehabilitation for the Jhuggi dwellers...

Allahabad High Court refuses to intervene in PIL seeking stay on demolition of small temples in Vindhyachal temple corridor

Allahabad Sept 14(ILNS): The Allahabad High Court on Monday, refused to intervene on a PIL seeking a...

Supreme Court says life imprisonment means rigorous imprisonment for life, dismisses SLP

New Delhi Sept 14(ILNS): The Supreme Court has held that the sentence of life imprisonment has to...

Must read

You might also likeRELATED
Recommended to you