IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 886 of 2010 (M/S) Smt. Asha Rani ………..Petitioner Versus State of Uttarakhand and others …….Respondents Shri Ramji Srivastava, Advocate with Shri V.K. Arora, learned counsel for the petitioner. Shri R.C. Arya, learned Brief Holder for the State. Dated: 09th June, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for a direction to State of Uttarakhand, through Principal Secretary, Civil Secretariat, Subhash Road, Dehradun to decide the restoration application of the petitioner dated 07.10.2004 as early as possible/within stipulated time. Brief facts of the case, as narrated in the writ petition are, that the petitioner is owner and in possession of an open plot of land comprised in Khasra no.226/614, new number whereof is 530 and 531 D measuring 0.121 hectare situated in Mauza Jhajra, Pargana Pachwadoon, District Dehradun. The petitioner has never executed any sale deed of her land to anyone at any point of time. A company namely Golden Forest Company India Ltd. and many of its tributaries came into existence for the purpose of business in State of Uttarakhand and the said 2 company purchased big area of land at various places including the Village Jhajra, Pargana Pachwadoon, District Dehradun. Number of persons sold their land to the said company but the petitioner never made sale of her land neither to the said company nor to anyone else. The petitioner belongs to Scheduled Caste and her caste is “Chamar” which itself reflect in Khatauni, and in view of section 157 A (1) of Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 the petitioner cannot execute any sale deed unless prior permission of sale is granted by the Collector, Dehradun. The petitioner is sick and infirm lady and she is suffering from Urinary Bladder Cancer and she has been continuously undertaking Chemotherapy in Rajiv Gandhi Cancer Institute and Research Centre, New Delhi. For the treatment huge money is required to her. The petitioner intends to make sale of her land in order to arrange funds for the treatment. On 25.09.2004 the petitioner procured the copy of Khatauni from the concerned Lekhpal of Village Jharjra and she was shocked to know that her property has already been shown as property of Government in consequence of impugned Judgment dated 02.06.2003 passed by the Sub Divisional Magistrate, Vikas Nagar, District Dehradun. The respondent no.1 initiated several proceedings against M/s Golden Forest Company under the pretext that the said company purchased agricultural land in excess to maximum selling limit provided under section 154 of U.P.Z.A. and L.R. Act 1950. The State Government claimed the excess land under section166/ 167 of the said Act and several cases initiated by the State Government are numbered as 15 A/99 - 2000, 44,8,4,20,28,29,12,15,7,15,13,11,47,25, 46,36,38,45,39,10,26 all of 2000-2008 etc., the aforesaid misc. cases were decided by the Sub Divisional Magistrate, Vikas Nagar, District Dehradun, by common judgment dated 02.06.2003. No notice of the proceedings initiated against the petitioner was ever issued and served upon the petitioner. The judgment dated 02.06.2003 initiated against the petitioner under section 166/167 is an ex-party. The entire proceedings were concluded without giving any opportunity of hearing to the petitioner. In the aforesaid judgment, the land of the petitioner bearing Khasra no.226/614 measuring 0.12 hectare has also been shown as having been vested in the State Government under section 166/167” of the said Act. Thereafter, the petitioner filed an application in the office of the Sub Divisional Magistrate, Vikas Nagar, District Dehradun, on 07.10.2004 under order IX Rule 13 read with section 151 of Code of Civil Procedure for setting aside the order dated 02.06.2003. It is further mentioned that there are several other applications of the similar nature having been filed before State of Uttarakhand, through Principal Secretary, Civil Secretariat, Subhash Road, Dehradun on behalf of different Khatedar’s of village Jhajra, Pargana Pachwadoon and other surrounding villagers. All the applications mentioned above including 4 petitioner’s application dated 07.10.2004 are pending in the Court of the Sub Divisional Magistrate, Vikas Nagar, District Dehradun. On 07.10.2004, petitioner filed a restoration application before the Sub Divisional Magistrate, Vikas Nagar, District Dehradun but till date respondent no.2 did not take decision and the same is still pending for disposal on merit, even not a single date has been fixed by the respondent no.2 for deciding the aforesaid application moved by the several persons including the petitioner under order IX Rule 13 read with section 151 of Civil Procedure Code. The restoration application of the petitioner has not been decided. The petitioner is facing great hardship as she is in need of money for her treatment and no money can be raised against the said land for want of valid title. On the other hand her valuable land has been claimed by the respondent no.1 without any lawful reason. The petitioner is sick and infirm lady and she is aggrieved by inaction on the part of respondent no.2. After hearing learned counsel for the parties and after considering that the restoration application which is pending since 2004 and also considering the illness of the petitioner and her need for early disposal of the case, the Sub Divisional Magistrate, Vikas Nagar, District Dehradun, is directed to decide the restoration application filed by the petitioner in respect of khasra no.226/614 measuring 0.121 hectare mentioned in the schedule appended to the judgment dated 02.06.2003, within a period of 2 months from the date of production of certified copy of this order. With these directions, the writ petition is disposed of. (V.K. Bist, J.) Arpan 09.06.2010