PUSHPA MISHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred the present writ petition seeking the following reliefs:-

(2.) The land of the petitioner forms part of Khasra No.747 for which the name of the husband of the petitioner i.e. Pradeep Kumar Mishra is recorded as a bhumidar with transferable rights vide order dtd. 25/9/2002 passed by Assistant Record Officer/Sub Divisional Officer, Haldwani. The husband of the petitioner moved an application seeking demarcation of his property on 26/3/2003. When no action was taken by the Revenue Authority, the husband of the petitioner filed Writ Petition (M/B) No.722 of 2005, in which this Court vide order dtd. 6/11/2006 directed the Revenue Authority to demarcate the land in question within a period of one month. During the course of proceeding, the Life Insurance Corporation-respondent No.3 moved several applications to delay the proceedings. Ultimately, on 3/6/2015, Survey Amin conducted the spot inspection in presence of all parties and prepared fard of demarcation and submitted his report to Sub-Divisional-Magistrate on 23/6/2015, but the ARO/SDO, Haldwani did not direct the Survey Amin to affix pillars. Ultimately, the husband of the petitioner filed a Writ Petition (M/S) No.2167 of 2015, and a direction was issued on 31/8/2015 by the Court with the following effect:-

(3.) Accordingly, representation was moved before the Collector, Nainital, but no action was taken. Ultimately, the petitioner moved Contempt Petition bearing CLCON No.295 of 2016. The learned SDM produced a letter before the Court stating that the decision on the application of the petitioner, preferred under Sec. 41 of Land Revenue Act, had been taken.