High Court · 2025

1. Mr. At ul Kum ar Bansal, counsel for t he pet it ioners. learned

2. Mr. Ganesh Kandpal, learned Deput y t he St at e of Advocat e General Ut t arakhand.

3. Since com m on quest ions of fact and involved law are t hese pet it ions, t herefore, t hese pet it ions are clubbed t oget her and decided by t his com m on j udgm ent . However, t he sake of brevit y and convenience, fact s of WPMS No. 3367 of 2025 alone are being considered and discussed. t o pet it ioner, he

4. According is a landless person, who was allot t ed a piece of agricult ural land declared surplus in I m posit ion of proceedings under U.P. Ceiling on Land Holdings Act , 1960, vide 13.01.2006. Grievance raised by pet it ioner is t hat his nam e is not being recorded in Cat egory 1 kha i.e. dat ed Bhum idhar wit h non- t ransferable right . 131( d) Learned counsel for t he pet it ioner 5. Sect ion relies Ut t arakhand Zam idari Abolit ion and Land Reform s Act , 1950 in support of his cont ent ion t hat every person, wit h whom surplus land is set t led, is ent it led t o be recorded as Bhum idhar wit h non- t ransferable right . Sect ion 131( d) of t he aforesaid St at ut e is quot ed below: - Bh u m i d h a r “ 1 3 1 . t r a n sf e r a b l e r i g h t s.- w i t h n o n - ( d) wit h effect from July 1, 1981 every person w it h whom surplus land is or has been set t led under 26A or sub- sect ion ( 3) of Sect ion 27 of t he U.P. I m posit ion of Ceiling on Land Holdings Act , 1960.” Learned St at e Counsel, however, 6. refers t o Annexure no. 4 t o t he writ pet it ion, where allot m ent order, issued in favour of pet it ioner, is enclosed. I n t he said docum ent , reference t o Sect ion 25 of U.P. I m posit ion of Ceiling on Land Holdings Act , 1960 for m aking allot m ent . is m ade 1960 available for which such Learned St at e Counsel subm it s t hat 7. power under Sect ion 25 of t he U.P. I m posit ion of Ceiling on Land Holdings Act , t o St at e Governm ent for using t he surplus land for any purpose could have been acquired and St at e can invoke t his power t o ret ain t he land for public purpose/ const ruct ion of building et c. He furt her subm it s t hat surplus land can be set t led favour of weaker sect ions of societ y only under Sect ion 27( 3) of t he Act . Sect ions 25 and 27( 3) t he Act are reproduced below ready reference: - “ 2 5 . Us e 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. 2 7 ( 3 ) ( 3) Any rem aining surplus land shall be set t led by t he any Collect or in accordance wit h t he order of preference, and subj ect t o t he lim it s, specified respect ively in 3 sub- sect ions ( 1) and ( 3) of Sect ion 198 of t he Ut t ar Pradesh Zam indari Abolit ion and Land Reform s Act , 1950.” Learned St at e Counsel subm it s t hat 8. since a wrong provision was invoked while issuing allot m ent order in favour of pet it ioner, due t o t hat reason difficult y is being faced by Revenue Aut horit ies in m aking ent ry of nam e of pet it ioner in t he Revenue records. Learned St at e Counsel furt her subm it s t hat as per provisions cont ained in Land Record Manual, t he land declared as surplus under Ceiling Act , Revenue Record and allot t ed t o som e person, t hen nam e of such person is ent ered as 4( ka) ( ka) in t he Revenue Record. He furt her subm it s t hat if pet it ioners m ake represent at ion( s) t o t he Com pet ent Aut horit y for correct ing t he provision, which was allot t ing land in favour of pet it ioner, t hen t he Com pet ent Aut horit y shall exam ine t he issue and pass necessary order, as per law, as early as possible. recorded as 4( ka) if such invoked t o be

9. The writ pet it ions are, accordingly, disposed of wit h libert y t o pet it ioners t o m ake separat e applicat ion( s) t o Dist rict Magist rat e, Udham Singh Nagar, correct ing of t he provision invoked for allot t ing t hem . t o I f t wo is m ade wit hin represent at ion( s) t oday, Dist rict Magist rat e shall exam ine t he m at t er and pass appropriat e order, wit hin eight weeks t hereaft er. St ake holders, if any, shall also be heard while t aking any decision in t he m at t er. ( M a n o j K u m a r Ti w a r i , J)

16.12.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f 9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F 5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL