(Hemant Gupta and V. Ramasubramanian, JJ.)
Tellu Ram _________________________________________ Petitioner;
v.
Gram Sabha Mauja Choodiyala and Others ___________ Respondent(s).
Civil Appeal No. 6549 of 2021 (@ SLP(C) No. 9045/2017), decided on October 29, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. The present appeal is directed against an order passed by the High Court of Uttarakhand at Nainital on 20.10.2016 whereby the writ petition was allowed and the orders dated 30.06.1997 and 18.07.2003 were set aside.
3. The appellant claims to be in possession of land for many years, which is said to be of cremation ground by the Panchayat. It is the case of the appellant that there are other alternative graveyards/cremation ground in the village, therefore, the land which is in possession of the appellant should be allotted to him being old occupant.
4. The High Court vide the order impugned has allowed the writ petition without any discussion with just one line holding that the revisional authority has committed the grave error by allotting the land to the present appellant.
5. Keeping in view the facts and circumstances of the case, since the order of the High Court is without recording any reasons, the same is set aside. The matter is remitted back to the High Court to decide the writ petition on merits after giving opportunity of hearing to the affected parties.
6. With the aforesaid observations, the appeal stands disposed of.
7. Pending application(s), if any, also stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9045/2017
(Arising out of impugned final judgment and order dated 20-10-2016 in WPMS No. 1102/2003 passed by the High Court of Uttarakhand at Nainital)
Tellu Ram.….Petitioner(s)
v.
Gram Sabha Mauja Choodiyala & Ors.….Respondent(s)
Date: 29-10-2021 This petition was called on for hearing today.
(Before Hemant Gupta and V. Ramasubramanian, JJ.)
For Petitioner(s) Mr. Rajesh Srivastava, AOR
Mr. Rajesh Singh, Adv.
For Respondent(s) Mr. Dhiraj Kumar Agrawal, Adv.
Mrs. Namrata Srivastava, Adv. Ms. Mridula Ray Bharadwaj, AOR
Mr. Jatinder Kumar Bhatia, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is disposed of in terms of the signed order.
10. Pending application(s), if any, also stand disposed of.
———
