SHANTI LOHANI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1960 of 2015 dated 25.07.2017. The appellant herein filed the writ petition seeking a writ of certiorari to quash the orders dated 05.05.2014 and 15.04.2015 passed by the Tehsildar, Sitargang as well as the District Magistrate, Udham Singh Nagar; a mandamus directing the respondents to execute the sale deed in favour of the petitioner for House No. 9, by giving her the benefit of the order dated 01.02.1984 passed by the Union of India; and a writ of mandamus directing the respondents to execute a sale deed, in favour of the petitioner, in the same manner in which the same had been executed in favour of other similarly situated persons.

(2.) In the order under appeal, the learned single Judge has noted that the appellant-writ petitioner was allotted a departmental accommodation by the District Assistant and Rehabilitation Officer, Rurdrapur on 13.10.1983; the Government of India had framed a scheme for allotment of land, situated at Rudrapur, to Burma Refugees; the petitioner was also to be allotted the same house with appurtenant land, where she was residing, at the prevailing market rate; however, while sale deeds were executed in favour of certain others, no sale deed was executed in the appellant -writ petitioner's favour.

(3.) Before the learned Single Judge, the appellant-writ petitioner contended that the Tehsildar, Sitargang had earlier determined the value of the house to be Rs. 5,24,653/-, and the value of the land to be Rs. 14,56,218/-, i.e a total sum of 19,80,871/-; subsequently, the District Magistrate, by his order dated 14.04.2015, had asked the petitioner to deposit Rs. 1,07,86,800/- for getting the sale deed executed in her favour; and, since the land in question was 570.77 sq. mts, the valuation made by the State Authorities, taking into consideration the prevailing circle rate in 1984, was excessive.