Dismissed

Ratan Singh v. Nakli Singh

Uttarakhand HC15 Dec 2021WPMS/734/2011

Case brief

AI extract

What is this about?

The High Court of Uttarakhand dismissed the writ petition filed by appellant Ratan Singh seeking quashing of orders and complaining of an erroneous map. The Court held the petition not maintainable as grievances regarding land shape must be addressed before the Consolidation Officer.

What did the court decide?

Writ application dismissed; no interference with final orders and Consolidation Officer approached for grievances regarding shape of chack.

Ratan Singh Vs Nakli Singh — Constitutional and Fundamental Rights | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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AO No. 734 of 2011

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Ratan Singh .......….......Appellant

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-versus-

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Nakli Singh and another ........ .. Respondents

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Date of hearing and Judgement : 15.12.2021

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Advocates appeared in the case:-

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For Appellant : Mr. Tapan Singh, learned counsel for the appellant. For Respondents : None is present for the respondents.

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Sri S.K.Mishra, J.

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Heard Mr. Tapan Singh, learned counsel for the appellant.

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None is present for the respondents.

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In this case, the petitioner has prayed for the following reliefs:

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(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgement & orders dated 23.11.2004, 22.12.2006 and 22.05.2010 (contained as Annexure Nos. 3, 4 & 5 to this writ petition).

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(ii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case, be passed in favour of the petitioner.

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(iii) Cost of the petition be awarded in favour of the petitioner.”

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However, perusal of the body of the writ application reveals that at paragraph J & K, the petitioner has very categorically reflected that the petitioner is not aggrieved by the impugned order 22.05.2010 but is aggrieved by the map prepared in pursuance of the said order, as it has been prepared erroneously, hence he has filed this writ application.

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This Court is of the opinion that such a writ petition is not maintainable. If he has any grievance about any further development after passing of the order passed by the Deputy Director of Consolidation on 22.05.2010, he should move before the appropriate authority which in this case is the Consolidation Officer.

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The writ application is dismissed with the observation that there is no requirement of interfering with the order passed by the final orders passed by the Deputy Director of Consolidation dated 22.05.2010. That orders are confirmed. If the petitioner has any grievance, he is at liberty to move before the Consolidation Officer regarding the shape of the chack.

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There shall be no order as to the costs.

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(S.K.Mishra) Judge

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KKS

Ratan Singh v. Nakli Singh

Case brief

What is this about?

What did the court decide?

Ratan Singh v. Nakli Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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