IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Application for final disposal No.4274 of 2009 Application for final disposal No.5750 of 2009 Application for final disposal No. 7662 of 2009 Application for final disposal No.11064 of 2009 In Writ Petition (M/S) No. 878 of 2007 Tara Chand S/o Sri Ram Chand and 63 others. Petitioners. Versus 1. State of Uttarakhand through its Principal Secretary, Revenue Department, Civil Secretariat, Dehradun. 2. Commissioner, Kumaon Division, Nainital. 3. District Magistrate, District Udham Singh Nagar. Respondents. Mr. S.S.Yadav, Advocate for the petitioners. Mr. K.P. Upadhyay, Additional Chief Standing Counsel for the State- respondents. Date 16-02-2010 Hon’ble B.S.Verma, J. By means of this writ petition, the petitioners have sought a writ in the nature of mandamus commanding/directing the respondents to allot the excess land in favour of the petitioners as per provisions under section 198 of U.P. Z.A. and L.R. Act, 1950. This Court has granted an interim order on 06-12-2006, which reads as under:- “In the meantime, District Magistrate concerned shall consider for allotment of the land which has been declared surplus in the case of “ Escorts Farms Ltd. Vs. Commissioner, Kumaon Division, Nainital, U.P and others, reported in (2004) 4 SCC 281, to the landless persons in accordance with the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960 after applying the principles laid down for allotment of the land to the landless 2 persons provided in the U.P. Zamindari Abolition and Land Reforms Act, if the land is available.” In compliance of the interim order, the Collector, Udham Singh Nagar on 18-1-2008 considered the application for the allotment of the petitioners and in para No. 7 of the order dated 18-1-2008, it was observed that the allotment was made under Section 25 of U.P Imposition of Ceiling on Land Holdings Act, 1960 in favour of the members of displaced families from the Escorts Farm. No allotment has been made by the Collector concerned under the provisions of the U.P. Z.A. and L.R. Act. The petitioners do not belongs to that category and in the last the learned Collector has observed that if the land is found to be surplus in future after utilization by the State Government, then in that event the applications of the petitioners would be considered. This Court vide interim order dated 06-12-2006 had already directed the Collector that the land be allotted to the landless persons in accordance with the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960 after applying the principles laid down for allotment of the land to the landless persons provided in the U.P. Zamindari Abolition and Land Reforms Act, if the land is available. As has been observed by the learned Collector in its order dated 18-1-2008, if the land is found to be surplus in future after utilization by the State Government then the applications of the petitioners would be considered. In view of the observations made in the order dated 18-1- 2008 passed by the Collector in para 7 thereof, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S. Verma,J) MK 16-02-2010