Mr. Chandrapal Singh and ot hers v. Chief Revenue Com m issioner, U.K. and ot hers, by t he order of

1. Mr. Abhilash Nainwal, counsel for t he pet it ioner. learned

2. Mr. N.S. Pundir, Advocat e General Ut t arakhand. learned Deput y t he St at e of

3. Mr. Rahul Consul, learned counsel for t he respondent- MDDA.

4. Pet it ioner applied for sanct ion of Building Plan. The perm ission sought by pet it ioner was rej ect ed by Secret ary, MDDA, vide order dat ed 28.08.2025. I n para 6 of t he writ pet it ion, t he reason, for rej ect ion as displayed in websit e of MDDA, is reproduced below: - t he t o “ The sam e obj ect ion has already been inform ed t o t he applicant t hat , in t he Wr it Pet it ion No. 1647 of 2008, Mr. Chandrapal Singh and ot hers vs. Chief Revenue Com m issioner, U.K. and ot hers, by t he order of t he Hon’ble High Court , Ut t arakhand, Vide order 11.08.2021, t he above case regarding fam ily part it ion has been t he Court of Garhwal rem anded back Com m issioner for t he decide t he m at t er. I n t he writ pet it ion, t he proposed land Khasra No. 625 kha of village Guj rada Mansingh is also involved is under lit igat ion. Hence, t ill t he final disposal of t he case of t he Hon. Court of Garhwal Com m issioner, t he m ap cannot be approved on proposed land, but inform ed t he obj ect ion has not been rem oved/ rect ified by t he applicant yet now. As order have been passed by t he St at e Governm ent Housing Depart m ent Ut t arakhand neit her t he sam e obj ect ion can be raised furt her t o applicant nor any opt ion t he obj ect ion have available in E- office syst em hence t he m ap file is recom m ended for rej ect ion.” resend

5. Mr. Rahul Consul, learned counsel t he t he t hat subm it s for MDDA purchased by pet it ioner is subj ect m at t er of a part it ion suit , which was decided by Assist ant Collect or 1 st Class, Dehradun. Against rendered by j udgm ent Assist ant Collect or 1 st Class in t he said suit , som e of t he part ies filed an appeal and t he Com m issioner, Garhwal Division allowed t he appeal and set aside t he order passed by Assist ant Collect or 1 st Class, Dehradun and t he m at t er back t o Assist ant Collect or for re- t rial. However, t he said order of rem and was challenged by cert ain ot her part ies in Revenue Revision No. 21 of 2024- 25 before Ut t arakhand Board of Revenue and t he m at t er is now pending before Board of Revenue. rem anded t o m ult iplicit y t herefore, subm it s Learned counsel for MDDA subm it s 6. t hat wit hout part it ion of subj ect land by m et es and bounds, perm ission if grant ed furt her t o pet it ioner would com plicat ions t hat lit igat ion. He, learned Ut t arakhand Board of Revenue be direct ed t o decide Revenue Revision t o No. 21 of 2024- 25 expedit iously ensure t hat issue of part it ion am ongst co- owners resolved as early as possible. This Court finds subst ance in t he 7. subm ission m ade by learned counsel for t he MDDA. Since part it ion of j oint holding bet ween co- owners is yet t o t ake place, t herefore, t he share of co- owners is not ident ifiable, t herefore, MDDA would find it difficult t o grant perm ission t o t he applicant s for raising const ruct ion on a specific plot of land.

8. Having circum st ances of regard t o t he t he case, fact s and t he writ pet it ion is disposed of wit h a request t o Ut t arakhand Board of Revenue t o m ake endeavour t o decide Revenue Revision No. 21 of 2024- 25 ( Chandrapal Singh vs. Sham sher Singh & ot hers) , wit hin sixt y days from t he dat e of present at ion of cert ified copy of t his order. Pet it ioner shall be at liberty t o apply for sanct ion of building plan t o MDDA aft er six m ont hs. This order will not preclude t he pet it ioner from approaching t his Court . ( M a n o j K u m a r Ti w a r i , J)

17.11.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL