RAVI SHANKAR JOSHI vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
UKHC010109662019
2026:UHC:9393-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON’BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON’BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (PIL) NO. 95 OF 2019
TH
14 OCTOBER, 2026
Ravi Shankar Joshi …… Petitioner
Versus
State of Uttarakhand and others …… Respondents
Counsel for the petitioner : Mr. Ravi Shankar Joshi, petitioner,
party-in-person
Counsel for the respondents : Mr. Ganesh Datt Kandpal, learned
Additional Advocate General with Mr.
M.S. Bisht, learned Brief Holder for
the State
: Mr. Piyush Garg, learned Senior
Counsel assisted by Mr. Bharat
Tewari, learned counsel for
respondent Nos. 8 to 12
The Court made the following:
JUDGMENT: (per Sri Manoj Kumar Tiwari, A.C.J.)
1) Petitioner is a resident of Village Basantpur,
Tehsil Haldwani, District Nainital. This writ petition is filed
in public interest seeking the following reliefs :
i) Issue a writ, order or direction in the nature of
mandamus commanding an appropriate
investigating agency to enquire into the illegal
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misappropriation of the government land which
vested in the State Government as surplus land
under the provisions of the U.P. Imposition of
Ceiling on Land Holdings Act, 1960, determined
by the Prescribed Authority, Baheri, in Ceiling
No. 216 of 1974, State Vs M/s Keshar Sugar
Works, vide order dt. 05.07.1976 and
15.11.1977, and cause the investigation to be
done under the supervision of this Hon’ble Court
to ensure the punishment of the guilty under
appropriate law.
ii) Issue a writ, order or direction in the nature of
mandamus commanding the respondents to
initiate proceedings for the cancellation of the
illegal sale-deeds executed on 21.04.2011 and
registered with the office of Sub-Registrar,
Haldwani on 24.04.2011, whereby the precious
government land has been sold to private
persons in connivance with the corrupt
government officials.
iii) Issue a writ, order or direction in the nature of
mandamus commanding the respondents to
initiate appropriate disciplinary and criminal
proceedings against the corrupt government
officials who have connived with the
unscrupulous persons for misappropriation of the
precious government land.
iv) Issue a writ, order or direction in the nature of
mandamus commanding the respondents to
ensure immediate allocation and allotment of the
aforesaid government and for beneficial purposes
in the interest of the public at large.”
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2) It is contended by the petitioner that a
parcel of land which was declared surplus in ceiling
proceedings by the Prescribed Authority under the U.P.
Imposition of Ceiling on Land Holdings Act, in the year
1977, is being transferred by certain unscrupulous
persons even though the order passed by Prescribed
Authority in ceiling proceedings has attained finality.
3) Having regard to the allegations made in the
writ petition, especially transfer of land which is vested
in the State upon conclusion of ceiling proceedings, we
dispose of the writ petition with liberty to the petitioner
to approach the Secretary, Department of Revenue,
Government of Uttarakhand by making a
representation. In his representation, petitioner shall
enclose the documents in support of his contention that
the land in question was declared as surplus in ceiling
proceedings; the orders passed by Prescribed
Authority, Appellate Authority and Hon’ble High Court
shall also be enclosed with the representation. If
petitioner makes such representation within four
weeks, decision thereupon shall be taken by the
Secretary, Revenue within nine months thereafter. It
goes without saying that persons who are likely to be
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affected by the decision to be taken may also be heard
by the Secretary, Revenue before passing any order.
Till the decision is taken by the Secretary, Revenue on
the representation, no third party interest shall be
created qua the land in question and, District
Magistrate, Nainital shall ensure that sale deed, if any,
executed in respect of the land in question shall not be
registered till decision is taken by the Secretary,
Revenue.
4) The writ petition stands disposed of in
aforesaid terms.
5) Pending application(s), if any, also stand
disposed of.
_________________________
MANOJ KUMAR TIWARI, A.C.J.
_________________
SUBHASH UPADHYAY, J.
TH
Dt: 14 OCTOBER, 2026
Negi
Digitally signed by HIMANSHU NEGI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=bb3b60774012c1ef1dae20d13aa
f116e73351fdaf6878326386908a7f90d57
57, postalCode=263001,
st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990FC5
1A722A6BC552D470EB4FD2F88DDF7C18
DB2A1524A4D, cn=HIMANSHU NEGI
Date: 2026.10.17 14:33:26 +05'30'
HIMANS
HU NEGI
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