Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 105 (UTT)

Hakam Ali Khan v. District Magistrate

2016-03-03

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. 1. By means of present writ petition, the petitioner seeks following reliefs, among others:- (i) Issue a suitable writ, order or direction in the nature of mandamus directing the respondents to not to create any hindrance in the development of the land of the petitioner for residential purposes. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to proceed with the mutation matters of the petitioner as per law. 2. The share of one Sudip Singh Bal was 6.2268 Hectare in the land having Khata Khatauni no. 014, Khasra no. 102/1, situated at Village Fajalpur Mahraula, Pargana and Tehsil Rudrapur, District Udham Singh Nagar. Out of 6.2268 Hectare land, 6 Acre land was free from ceiling limit. On moving such an application before the appropriate authority, Sudip Singh Bal obtained the ceiling free certificate to this effect. Annexure nos. 1 and 2 enclosed with the writ petition indicate the same. On having obtained the ceiling free certificate from respondent no. 3, petitioner purchased 2.0242 Hectare land in Khasra no. 102/1 from Sudip Singh Bal through registered sale deed dated 06.02.2007. Since the land of the petitioner was not cultivable, therefore, the petitioner moved an application under Section 143 of the U.P.Z.A. & L.R. Act. Respondent no. 2, vide order dated 29.08.2008, declared the land of the petitioner having Khata no. 141, Khasra no. 102/1, measuring 2.0242 Hectare as non-agriculture land. A copy of the order and extract of Khatauni have been enclosed with the writ petition as Annexure nos. 4 and 5. Mutation for change of land use has been done by respondent no. 2. It is submitted that under the directions of respondent nos. 1 and 2, respondent no. 3 is not permitting the petitioner to raise a boundary wall and, hence, present writ petition. 3. The contention of learned counsel for the petitioner is that after obtaining certificate under Section 143 of the U.P.Z.A. & L.R. Act, petitioner has every right to develop his land for non-agriculture purposes. 4. Annexure 1 is an application written by Sudip Singh Bal to Tehsildar for issuing ceiling free certificate. The land was purchased by the petitioner from Sudip Singh Bal. Ceiling free certificate was granted by Tehsildar, Kicha (Annexure 2). Annexure 3 indicates that the land was purchased by the petitioner from Sudip Singh Bal. 4. Annexure 1 is an application written by Sudip Singh Bal to Tehsildar for issuing ceiling free certificate. The land was purchased by the petitioner from Sudip Singh Bal. Ceiling free certificate was granted by Tehsildar, Kicha (Annexure 2). Annexure 3 indicates that the land was purchased by the petitioner from Sudip Singh Bal. A copy of the sale deed has also been brought on record. Annexure 4 is the copy of judgment rendered by Asstt. Collector, Ist Class for change of land use. Annexure 5 is the extract of Khatauni in which the mutation has been carried out in favour of the petitioner. 5. Para-wise narrative was called for by learned Standing Counsel. It was admitted in the para-wise narrative that ceiling free certificate was issued by Tehsildar, Kicha in relation to the land in question. But, it is also stated in the said para-wise narrative, that the permission to sell the land could not have been given to the petitioner and, therefore, ceiling free certificate was wrongly issued to the petitioner. 6. Writ petition is, therefore, disposed of at the admission stage by directing that so long as the ceiling free certificate issued by the respondents is not cancelled, as per law, the respondents shall not interfere with the possession / or any other development activities of the petitioner on the land, of which he is recorded tenure holder, and in respect of which, his name has already been mutated. Interim relief application no. 595 of 2016 also stands disposed of.