IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2689 (MS) of 2011 Jagmohan Singh Manral …Petitioner Versus State of Uttarakhand and others …Respondents Mr. M.C. Pande, Senior Advocate assisted by Mr. Ashwani Negi, Advocate present for the petitioner. Mr. H.M. Raturi, Standing Counsel present for the respondents. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. M.C. Pande, Senior Advocate assisted by Mr. Ashwani Negi, Advocate for the petitioner and Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand. 2. The petitioner is a resident of village Chukam Gaon, Tehsil Ramnagar, District Nainital, whose land was washed away due to flood. Now the petitioner has filed the present writ petition with the following prayers:- “i. issue writ, order or direction in the nature of mandamus by commanding the respondents no. 1 to 4 to provide the land to the petitioner and the Performa respondents in exchange of their hissedari land at village Chukkam, Tehsil Ramnagar, District Nainital in compliance of the Government Order of 1957; ii. issue writ, order or direction in the nature of mandamus to rehabilitate the petitioner and the performa respondents who considerable land of village Chukkam has been damaged/affected by devastating flood in Kosi river, in accordance with the Government Order of 1957; iii. issue writ, order or direction in the nature of certiorari by quashing the order dated 29.01.2001, passed by the District Magistrate Nainital (Annexure No. 15); iv. issue any other suitable writ, order or direction which under the circumstance of the case and in the ends of justice the Hon’ble Court may deem fit and proper; and v. award the cost of the petition.” 2 3. The prayers sought by the petitioner in the writ petition cannot be granted to him. The writ petition is liable to be dismissed and is hereby dismissed. 4. At this stage, Mr. M.C. Pande, Senior Advocate has made a statement at the bar that the petitioner’s land is a village land, which is “Bhumidhari” and the petitioner has the transferable rights. The petitioner has already moved an application before the State Government for exchange of the land. In case such application is pending before the concerned authority, it is hoped and expected that the same shall be disposed of as expeditiously as possible, in case government has any scheme for such purposes. 5. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 22.12.2011 Virendra