High Court · 2025

1. Mr. Parikshit Saini, learned counsel for t he pet it ioner. 2. Mr. Yogesh Chandra Tewari, learned St anding Counsel t he St at e of Ut t arakhand. is a resident of Khairi 3. Pet it ioner Khurd, P.O. Sat yanarayan Mandir, Thakurpur, Dehradun. According t o him , t he land declared surplus is being used for const ruct ion of St aff Quart ers for t he Governm ent Em ployees and also est ablishing de- addict ion cent re, which is not perm issible under t he provisions of U.P. I m posit ion of Ceiling on Land Holdings Act , 1960.

4. By m eans of pet it ioner has sought reliefs: - t his writ pet it ion, following t he various Govt . t he respondent s ( i) a writ , order or direct ion in t he nat ure of t o m andam us direct ing delet e t he revenue ent ries m ade in favour organizat ion in respect of Khasra Nos. 799A and 819B sit uat ed at Village Raiwala Parwadoon Dist rict Dehradun records as being land ( cont ained as Annexure agricult ural No. 3 t o t he writ pet it ion) Tehsil revenue Depart m ent Rishikesh ( ii) I ssue writ , order or direct ion in t he nat ure of m andam us dir ect ing t o rest ore t he said land of Khasra Nos. 799A and 819B of Village Raiwala Parwadoon Tehsil Rishikesh Dist rict Dehradun as ceiling surplus land being agricult ure. respondent s ( iii) I ssue writ , order or direct ions in t he nat ure of m andam us direct ing respondent s t o st art process of Set t lem ent in respect of surplus land of Khasra Nos. 799A and 819B sit uat ed at Village Raiwala Parwadoon Tehsil Rishikesh Dist rict Dehradun as ceiling surplus land st rict ly in accordance wit h t he provisions of Ut t ar Pradesh I m posit ion of Ceiling on Land Holdings Act , 1960 and Govt . I nst ruct ion issued from t im e t o t im e. St at e Counsel Learned has, 5. however, drawn at t ent ion of t his Court t o Sect ion 25 and Sect ion 27( 2) of t he U.P. I m posit ion of Ceiling on Land Holdings Act , which are ext ract ed below: - “ 2 5 . Use o f su r p l u s l a n d f o r o t h e r p u b l i c p u r p o se s - The St at e Governm ent m ay, inst ead of set t ling any surplus accordance wit h t he provisions of t his Act , use or perm it t he use eit her t em porarily or perm anent ly of t he whole or any port ion of such land for any purpose for which such land could have been acquired under t he Land Acquisit ion Act , 1894.

27. Se t t l e m e n t o f su r p l u s l a n d ( 1) ..... ( 2) The St at e Governm ent m ay eit her set t le any surplus land in accordance wit h sub- sect ion ( 1) or sub- sect ion ( 3) or use or use or per not it s use in accordance wit h sect ion 25 or m anage or ot herwise deal wit h it in such m anner as it t hinks fit . ] ”

6. Conj oint aforesaid reading provisions of t he Act reveals t hat t he St at e Governm ent m ay use t he land for any public purpose for which such land could have been acquired under t he Land Acquisit ion Act , 1894. Thus, t he land, declared surplus under t he provisions of I m posit ion of Ceiling on Land U.P. Holdings Act , can be used for public purpose. Const ruct ion of st aff quart ers is a est ablishing De- Addict ion Cent re Governm ent Em ployees public purpose, t herefore, t he act of t he St at e Governm ent cannot be fault ed. I n such view of t he m at t er, t here is 7. no scope of int erference in t his Public I nt erest Lit igat ion. Accordingly, t he writ pet it ion is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

04.07.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL