MAHAVEER SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition has been filed by the petitioner for direction to the respondent no. 3 to decide the representation/ application of the petitioner dated 30.08.2016 (Annexure-6) for correction of the name of his grandfather in the revenue records, by a reasoned and speaking order, within a stipulated period of time.

(2.) The case of the petitioner is that the petitioner is a permanent resident of Village Rudrapur Sani, Village Panchayat, Bakhpur, Tehsil Kichha, District Udham Singh Nagar. On 28.09.2008, the father of the petitioner got died, leaving behind the petitioner and his elder brother, namely, Mr. Nem Chand. The father of the petitioner is having total agricultural land of 3.6840 hectares in Khasra No. 402 and 403 (1.2140 hectares in Khasra No. 402 and 2.4700 hectares in Khasra No. 403) in Village Sahdora, Pargana Rudrapur, Tehsil Kichha, District Udham Singh Nagar. The name of the grandfather of the petitioner was Kanhaiya Lal; but, due to clerical mistake committed by the revenue official, the name of the grandfather of the petitioner was recorded as Beant Singh. In the Ration Card of the petitioner, the name of the grandfather of the petitioner is shown as Kanhiya Lal, therefore, the respondents are duty bound to correct the name of the grandfather of the petitioner in revenue records. Thereafter, the petitioner filed an application/ representation on 30.08.2016 before the respondent no. 3 stating therein that the petitioner is a permanent resident of Tehsil Kichha, District Udham Singh Nagar and in consolidation proceedings, some land has been allotted to his grandfather, namely, Mr. Kanhaiya Lal in Khasra No. 66/3 min, 67/1 min and 67/2 min (new number 402 & 403). Due to the clerical mistake committed by the chukbandi/ revenue officials, the name of the grandfather of the petitioner has been recorded as Beant Singh and Gurcharan Singh, but, the fact remains that the correct and original name of his grandfather is Mr. Kanhaiya Lal. Since the father of the petitioner late Harpal Singh was an illiterate person, hence, he did not take care of the said mistake during his life time. Therefore, the petitioner prayed before the respondent no. 3 to correct the name of his grandfather as Kanhaiya Lal in place of Beant Singh and since the grandfather and father of the petitioner have already died, therefore, the name of the petitioner and his brother may be entered in revenue records, as legal heirs. Hence, this petition.

(3.) It is contended that inspite of the fact that petitioner moved an application for correction of name of his grandfather, but, no decision has been taken by the Tehsildar concerned, so far. I find that the application has been filed by the petitioner recently i.e. on 30.08.2016 and petitioner has approached this Court just after a month for direction to the respondent no. 3 to take a decision on his application. In fact, respondent no. 3 is required to proceed the matter in accordance with law