KAMLA JOSHI Vs. THE COLLECTOR/DISTRICT MAGISTRATE, NAINITAL AND OTHERS
LAWS(UTN)-2001-6-14
HIGH COURT OF UTTARAKHAND
Decided on June 08,2001

Kamla Joshi Appellant
VERSUS
THE COLLECTOR/DISTRICT MAGISTRATE, NAINITAL AND OTHERS Respondents

JUDGEMENT

P.C. Verma, J. - (1.)This is a writ petition filed by the petitioner seeking a writ of mandamus to command the Collector/District Magistrate, Nainital to dispose of the application of the petitioner moved under sub-section (6) of Sec. 122-C of the U.P.Z.A. and L.R. Act. The application was moved for the cancellation of lease in favour of respondent No. 5. The lease in favour of respondent No. 5 has been sought to be cancelled on the ground that the plot in dispute was already let out on terms of a lease executed in favour of the husband of the petitioner on 25.6.1976 and the petitioner is enjoying the possession of the land after the death of the petitioner's husband. The lease in favour of the respondent No. 5 was granted by the then Collector on the basis of incorrect report that the land in dispute was vacant land and lease could be granted in favour of respondent No. 5.
(2.)Considering the facts and circumstances, I direct the Collector/District Magistrate Nainital to decide the application of the petitioner dated 30.11.1999 and 5.8.2000, contained in Annexures Nos. 5 and 9 to the writ petition within three months from the date of production of a certified copy of this order.
(3.)The petition is finally disposed of.
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