Bsv Inter College Vs District Magistrate/Collector

UKHC010109892026

2026:UHC:5462

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS WPMS/1952/2026
			Bsv Inter College --Petitioner Versus District Magistrate/Collector & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Jitendra Chaudhary, Advocate, for the petitioner. Mr. Pooran Singh Bisht, Chief Standing Counsel, assisted by Mr. Sudhir Nailwal, Standing Counsel, for the State. (2) This writ petition has been filed by B.S.V. Inter College, Jaspur, District Udham Singh Nagar through its Manager. Petitioner has challenged the order dated 18.4.2026, passed by Sub Division Magistrate/Assistant Collector, 1^stClass, Jaspur, Udham Singh Nagar, and also the judgment dated 1.6.2026, passed by Board of Revenue in Revision No. 95 of 2025-26. (3) Petitioner earlier filed Writ Petition (M/S) No. 311 of 2026, seeking the following reliefs: “(i) To issue a writ, order or direction in the nature of writ of mandamus, directing and commanding the respondent no.3 i.e. the SDM/Assistant Collector First Class Jaspur, Tehsil Jaspur, District Udham Singh Nagar and his associates to mutate/record the name of the petitioner institution in the revenue record i.e. Khatoni, pertains to the land bearing khata khatoni no.00206, khasra no.281 area 1.82 acre (In C.H. Form No.45 Khata Khatoni No.143, Khasra No.281 Area 0.737 Hectare or 1.82 Acre) situated in Village Ganguwala, Tehsil Jaspur, District Udham Singh Nagar. (ii) To issue a writ, order or direction in the nature of mandamus, directing and commanding the

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respondent no.3 i.e. the SDM/Assistant Collector First Class, Jaspur, Tehsil Jaspur, District Udham Singh Nagar and his associates to the effect that they shall take decision upon the applications/ representations dated 03-09-2019 (A-7), 19-09-2019 (A-8) & 16-102020 (A-9) pending before them by a reasoned and speaking order within stipulated period of three weeks.” (4) The aforesaid writ petition was disposed of directing the SDM/Assistant Collector to decide petitioner’s representations dated 3.9.2019, 19.9.2019 and 16.10.2020 by reasoned order within four weeks. In terms of that order, Sub Divisional Magistrate took decision on petitioner’s representation, vide order dated 18.4.2026. In his representation, petitioner had pleaded that the land comprised in Khatauni No. 281 is abutting the campus of B.S.V. Inter College, which is used for imparting instructions to students in Agriculture subject; the said land was reserved for the College, however in revenue record, name of B.S.V. Inter College is not recorded as tenure holder, therefore a request was made to enter petitioner’s name in revenue record as tenure holder in respect of the said land. SDM/Assistant Collector rejected representation by holding that the land in question is government land, which is entered in Category 5(3) M . as barren land; merely because the land was reserved for the College will not create any right or title upon B.S.V. Inter College qua the said land and the ownership of the land rests in the State Government. Petitioner filed revision petition against the order passed by Sub Divisional Magistrate. Revision was dismissed by the Board of Revenue by holding that the order passed by the Sub

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Divisional Magistrate is administrative order, as the said order was passed on representation, therefore revision would not be maintainable. Petitioner has challenged the order passed by SDM, as affirmed by the Board of Revenue, in this writ petition. (5) This Court is not inclined to interfere in the matter. Resolution passed by Consolidation Committee is on record as Annexure-1 to the supplementary affidavit. Perusal thereof reveals that the land in question was earmarked for playground. Grievance raised by the petitioner is without any substance. Writ petition, however, is disposed of with liberty to the petitioner to move appropriate application before the competent authority under provisions of Zamindari Abolition and Land Reforms Act and if he makes such application, decision thereupon shall be taken strictly as per law. (Manoj Kumar Tiwari, J.) 7.7.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.07 17:57:34 +05'30'

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2026:UHC:5462

Bsv Inter College v. District Magistrate/Collector

Case brief

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Bsv Inter College v. District Magistrate/Collector

Case brief

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