WPMS No. 1300 of 2026 · Uttarakhand High Court

Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Sunil Chandra, Advocate for the petitioner.

Mr. Ghanshyam Joshi, Additional Chief Standing Counsel the State of Uttarakhand.

Mr. Vikas Bahuguna and Mohd. Umar, Advocates for the interveners.

According to petitioner, petitioner and his brothers have moved an application under Section 41 of Land Revenue Act, 1901 for demarcation of their land and the said application was decided by Assistant Collector, First Class (Sadar), Dehradun, vide order dated 04.04.2025, however, pillars in terms of the said order could not be erected.

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

I. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 i.e. Assistant Collector (First Class)/ Sub-Divisional Magistrate, (Sadar), Dehradun and Respondent No. 3 Tehsildar (Sadar) to complete the demarcation proceedings of Land (Land situated in village Sewalakhurd Pargana Pachwadoon District Dehradun Khata No. 00109 Khasra No. 131ञ measuring 0.2180 Hectare) by erecting the pillars in compliance of order dated 04.04.2025 (Annexure No. 3 Page No. 29 to 31) within 15 days. II. Issue a writ, order or direction on the nature of mandamus directing the Respondent No. 2 i.e. Assistant Collector (First Class)/ Sub Divisional Magistrate, (Sadar) Dehradun the Application dated 10.04.2026 (Annexure No. 11 Page No. 72 to 80) within a stipulated period of 15 days in vie wof order dated 04.04.2025 (Annexure No. 3 to decide Page No. 29 to 31).

Learned counsel for the interveners alleged that petitioner has sold more than his share in the holding in question to one therefore, Mr. Santosh Kumar Gupta, petitioner does not have any remaining in the land in question.

This submission, however, is disputed by learned senior counsel appearing for the petitioner.

Learned State Counsel submits that in terms of order passed by Coordinate Bench on 30.05.2026, boundary pillars were erected, but due to the order of status quo dated 31.10.2025, passed by learned Civil Judge (Senior Division), Dehradun in Original Suit No. 388 of 2025, it is not possible to hand over possession to anyone.

Since final order has been passed on the demarcation application and boundary pillars have also been reportedly erected by the revenue authorities, therefore, no further direction is needed. The reliefs, as claimed, do not survive.

The writ petition is, accordingly, dismissed. The claim regarding possession, shall be decided in the pending suit.

The report submitted by Assistant Collector shall be sealed and kept in safe custody in the registry.

10.06.2026 Navin (Manoj Kumar Tiwari, J)