Sardar Mohammad Aslam Khan vs Additional Collector, First Dehradun And Ors

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, direction or order in the nature of mandamus to direct the Additional Collector (First), District Dehradun i.e. respondent no.1 to expeditiously decide the Suit No.03/2019 u/s 34 of U.P. Land Revenue Act, 1901 (Sardar Mohammad Aslam Khan vs. Mohammad Shahid and another) preferred by the peitioner, arising out of the Mutation Suit no.580/99-2000 (Mohammad Shahid and another vs. Abdul Razzak), which is pending before the court of Additional Collector (First), Dehradun as expeditiously as possible within a period of six months.

Learned Deputy Advocate General appearing for the State of Uttarakhand/respondents was asked to get instructions. Today, on instructions, he submits that part of the property in question is an evacuee property and further that under Rule 367 of The Revenue Court Manual, Tehsildar has no authority to pass any order of mutation in respect of such property. However, he submits that he has no objection if the proceeding pending before the Additional Collector is expedited, as prayed for in the writ petition.

Accordingly, the writ petition is disposed of with a direction to District Magistrate, Dehradun to decide Suit No.03/2019 u/s 34 of U.P. Land Revenue Act, 1901 "Sardar Mohammad Aslam Khan vs. Mohammad Shahid and another" expeditiously, preferably within one year from the date of production of certified copy of this order. District Magistrate shall also examine as to whether the property, in respect whereof mutation has been sought, is an evacuee property or not.