IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1464 (M/S) of 2008 Sri Dalip Ram S/o Sri Khadak Ram and Others. …...Petitioners Vs State of Uttaranchal through District Magistrate Nainital and Others. …..Respondents Sri B. C. Pande, Senior Advocate with Sri Vijay Bhatt, learned counsel for the petitioners. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondents. Dated: -10-7-2008 Hon’ble B.S. Verma, J. Heard Sri B. C. Pandey, Senior Advocate with Sri Vijay Bhatt, learned counsel for the petitioner and Sri K.P. Upadhyay, learned Additional C.S.C. for the State-respondents. The present writ petition has been filed by the petitioners with the following reliefs: - (i) Issue a writ, order or direction in the nature or mandamus directing to the respondents not dispossesses the Petitioners from the land in dispute i.e. situated in Village Maldhanchaur no. 8 Gopal Nagar Tehsil Ramnagar Distt. Nainital and towards east of which situated the permanent boundary of Thanda Nala towards South of the land is a pumping canal channel of Thanda Nala, towards east Thanda Nala, North Dhaila Barrage and on the West is no. 8, in any manner but so ever without following the due procedure established under law. (ii) Issue a writ, order or direction in the nature of mandamus directing the Respondents to decide the application of the Petitioners filed for the allotment 2 for the land indispute in favour of the Petitioners within the stipulated time by this Hon’ble Court. (iii) Issue a writ, order or direction which the Hon’ble Court may deem fit and proper in the nature and circumstances of the present case. Brief facts giving rise to the present writ petition are that the petitioners have relied upon the judgment passed by the IV Additional District Judge, Nainital whereby the appeal No. 50 of 1984, Sri Dalip Ram and other Vs. State of U.P and other was allowed and the judgment and decree dated 19-5-1984 passed by the learned Civil Judge was set aside and the defendants/respondents were restrained from interfering into the peaceful possession of the plaintiffs/appellant over the land measuring 42 acres situated on the western side of pillar no. 124 to 131. It was also directed that Paper No. 26 - C shall remain part of the decree. Learned counsel for the petitioners has contended that the notification which was issued under Section 4 of the Indian Forest Act was quashed by the Allahabad High Court on 18th February, 1971 in Writ Petition No. 1854 of 1969, Dalip Ram and Others Vs. State of Uttaranchal and others. Aggrieved by the order passed in the said writ petition, the State has preferred Special appeal No. 483 of 1971, which too was dismissed by the Division Bench of Allahabad High Court on 2nd February, 1978. According to the petitioners, they are the landless agricultural labourers and they are entitled for regularization of the land and there is also injunction in their favour and the State should not interfere in the peaceful possession in the land of the petitioners. The relief which has been sought in the present writ petition has already been granted by the IV Additional District Judge, Nainital. If the respondent-State is interfering in the peaceful possession of the petitioners, the petitioners have an alternate remedy to file the execution 3 application under Order 21 Rule 32 C.P.C for compliance of the injunction decree. Since, the alternate remedy is available to the petitioners to file the execution application under Order 21 Rule 32 C.P.C. I am not inclined to entertain the writ petition. The writ petition is dismissed on the ground of alternate remedy. So far as the second relief is concerned the liberty is given to the petitioners to file the application for redressal of their grievance before the concerned Collector within a period of two weeks. Thereafter, the concerned Collector shall decide the same within a period of two weeks in accordance with law, the writ petition is disposed of with the observation made above. All pending applications stands disposed of accordingly. (B.S. Verma,J) 10-7-2008 M.K.