IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.868 of 2010 (M/S) Jogendra Singh & others ………..Petitioners Versus State of Uttarakhand & others …….Respondents Shri Mahavi S. Tyagi, learned counsel for the petitioners. Shri R.C. Arya, learned Brief Holder for the State. Dated: 01st July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioners for a direction to the respondents to measure the allotted chaks of the petitioners as provided under the U.P. Consolidation of Holdings Act, 1953 (in short the Act) and to take appropriate action on the applications contained as annexure no.2 to this writ petition. Brief facts of the case, as stated in the petition, are that the petitioners are the chak holder of chaks in village Bhawanipur Khulbe, Tehsil Ramnagar, District Nainital. Shri Jogendra Singh is a chak holder of chak no.65, Smt. Gurudev Kaur is a chak holder of chak no.50, Shri Harpal Singh is a chak holder of chak no.164 and Smt. Harjeet Kaur is a chak holder of chak no.165. The allotment of the chaks of the petitioners have become final as provided u/s 23 of the Act, after correction of the Consolidation forms of the respective chaks of the petitioners. The petitioners have sold some portion of their respective chaks and want the 2 measurement of their remaining area in the aforesaid chaks. The measurement of the chaks of the petitioners is not being made by the respondents after the final allocation of the same and in this regard the petitioners have made several representations before respondent no.3 but no heed has been paid by the respondents to measure the chaks of the petitioners as provided under the Act. Due to this reason the petitioners are suffering a lot, as the petitioners are unable to take the benefits of their holdings. This inaction on the part of respondents is illegal. Learned Brief Holder fairly stated that respondents have no objection if prayer is allowed. Therefore, it is directed that if the measurement of the allotted chaks of the petitioners has not been done, the same may be done in accordance with law within a period of 2 months form the date of production of certified copy of the order. With the aforesaid direction, the writ petition is disposed of. Interim Relief Application No.4250 of 2010 stands disposed of. (V.K. Bist, J.) Arpan 01.07.2010