Khalid Pundir vs State Of Uttarakhand And Others

Alok Kumar Verma, J

Mr. Faizan Ali, Advocate, appearing for the petitioner has submitted that the petitioner purchased a land on 02.02.2021. The said land was recorded in khata no.172 khasra nos. 388, 389, 390. The area of the said land was 0.3680 hectare. Some persons, namely Furkan, Ragib, Jahangir and Vikram Singh have merged his land in their land and now they want to develop a colony on it. Petitioner submitted an application dated 28.12.2023 before the Sub Divisional Magistrate, Bhagwanpur, District Haridwar. He again submitted his applications before the Sub Divisional Magistrate on 08.02.2024, 21.05.2024, 15.06.2024 and 19.09.2024. He did not get any relief. Thereafter, he submitted his applications dated 19.11.2024 and 26.12.2024 before the respondent no.2, the District Magistrate, Haridwar. The petitioner again submitted his application dated 04.02.2025 before the respondent no.2, the District Magistrate, Haridwar. The said applications are still pending. Therefore, the petitioner has filed the present petition under Article 226 of the Constitution of India with the following prayers: -

(I) Issue a writ, order or direction in the nature of Mandamus directing Respondent No. 2 (District Magistrate, Haridwar) to expeditiously decide the pending representation of the Petitioner regarding illegal encroachment and unauthorized construction on the Petitioner's land.

(II) Direct the authorities to take necessary steps, including land measurement and demarcation, to ascertain and prevent further illegal occupation of the Petitioner's land.

(III) Pass an order directing the authorities to maintain status quo on the land of the Petitioner and restrain the private Respondents from making any further illegal construction or encroachment.

(IV) Issue any other writ, order or direction which this Hon'ble Court deems fit and proper and award cost of the Petition.”

Heard Mr. Faizan Ali, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the petitioner and Mr. N.S. Pundir, learned Deputy Advocate General for the respondents.

Mr. Faizan Ali, Advocate, on instructions, has requested to decide the present writ petition by directing the respondent no.2, District Magistrate, Haridwar to decide the petitioner’s Application dated 04.02.2025 (annexure no.6 to the writ petition), filed under Section 41 of the Uttar Pradesh Land Revenue Act, 1901 (as applicable in the State of Uttarakhand) as expeditiously as possible.

Mr. N.S. Pundir, Deputy Advocate General, appearing for the respondents, has sought eight weeks’ time to decide the said application of the petitioner.

With the consent of both the parties, the present writ petition (WPMS No. 816 of 2025) is disposed of directing the respondent no.2, the District Magistrate, Haridwar to decide the petitioner’s Application dated 04.02.2025 (annexure no.6 to the writ petition), filed under Section 41 of the Uttar Pradesh Land Revenue Act, 1901, in accordance with law, as expeditiously as possible but not later than eight weeks from the date of production of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.