Authority: Hon'ble Justice Manoj Kumar Tiwari, Uttarakhand High Court
Order Date: 7 July 2026
Case Overview
- Petitioner: B.S.V. Inter College, Jaspur, District Udham Singh Nagar, represented by its Manager and Advocate Mr. Jitendra Chaudhary.
- Respondents: District Magistrate/Collector & Others, represented by Chief Standing Counsel Mr. Pooran Singh Bisht and Standing Counsel Mr. Sudhir Nailwal.
- Writ Petition No.: WPMS/1952/2026 (filed as M/S No. 311 of 2026).
- Relief Sought: (i) Mandamus directing the Sub‑Divisional Magistrate/Assistant Collector, First Class, Jaspur, to record the college’s name as tenure holder in the revenue record (Khatauni No. 00206, Khasra No. 281) for land of 1.82 acre (0.737 hectare) in Village Ganguwala; (ii) Mandamus directing the SDM to decide the college’s applications dated 03‑09‑2019 (A‑7), 19‑09‑2019 (A‑8) and 16‑10‑2020 (A‑9) within three weeks.
- Land Details: Khatauni No. 281, area 1.82 acre, earmarked for a playground and used for agricultural instruction by the college.
- Prior Orders: SDM issued an order on 18 April 2026 rejecting the petition, stating the land is government land classified as barren under Category 5(3)M; the Board of Revenue dismissed the revision petition (Revision No. 95 of 2025‑26).
- Court Direction (Earlier Order): The court had previously directed the SDM to decide the representations within four weeks, leading to the SDM’s order dated 18 April 2026.
Final Outcome
- The writ petition is disposed of. The court directs the SDM/Assistant Collector to decide the petitioner’s representations dated 03‑09‑2019, 19‑09‑2019, and 16‑10‑2020 by a reasoned order within four weeks.
- The court notes that the land was earmarked for a playground and finds the grievance without substance, but grants the petitioner liberty to file an appropriate application before the competent authority under the Zamindari Abolition and Land Reforms Act. Any decision on such an application shall be taken strictly as per law.
Topics: Land Record Dispute, Education Institution