Uttarakhand High Court
Balvinder Singh vs State Of Uttarakhand & Others on 28 July, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
UKHC010121672026
2026:UHC:6508
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS/2119/2026
Balvinder Singh --Petitioner
Versus
State of Uttarakhand & Others --Respondents
Hon'ble Manoj Kumar Tiwari, J.
Mr. A.S. Rawat, Senior Advocate,
assisted by Mr. Gaurav Paliwal, Advocate for
the petitioner.
Mr. Suyash Pant, Standing
Counsel, for the State.
Mr. V.B.S. Negi, Senior Advocate,
assisted by Mr. Abhishek Verma, Advocate
for the caveator.
(2) By means of this writ petition,
filed under Article 227 of the Constitution,
petitioner has challenged the judgment and
order dated 7.4.2026, passed by Board of
Revenue, Uttarakhand in Revision No.
35/2024-25. By the said judgment, Board
of Revenue set aside the orders passed by
revenue authorities in proceedings under
Section 54 of Land Revenue Act by holding
that disputed question of title cannot be
decided in summary proceedings under
Land Revenue Act.
(3) The reason assigned by learned
Board of Revenue for allowing the revision
is valid and this Court concurs with the
reasoning given by learned Board of
Revenue. Law is well settled that
proceedings under Land Revenue Act are
summary in nature and they are drawn to
protect the revenue interest of the State.
Section 40-A of Land Revenue Act provides
UKHC010121672026
2026:UHC:6508
that any order passed under the provisions
of Land Revenue Act would not affect right
of the parties, if they file regular suit for
declaration of their right. Section 40-A is
extracted below:
“Section 40-A Saving as to title
suits- No order passed under Section 33,
Section 35, Section 39, Section 40, Section 41
or Section 54 shall bar any suit in a competent
court for relief on the basis of a right in a
holding.”
(4) Petitioner claims title based on
adverse possession over the bhumidhari
land belonging to respondent no. 2. If that
is so, petitioner is at liberty to file
declaratory suit under Section 229-B of
Zamindari Abolition & Land Reforms Act.
(5) Learned Counsel for the
respondent no. 2 informed this Court such
suit, filed by the petitioner, is pending
consideration before the Assistant Collector,
1st Class, Gadarpur, District Udham Singh
Nagar.
(6) Since petitioner has already
approached the appropriate forum for
declaration of his right, therefore, while
affirming the impugned judgment, writ
petition is disposed of with liberty to
petitioner to seek remedy in a regular suit.
(Manoj Kumar Tiwari, J.)
28.7.2026
Pr
PRABODH
Digitally signed by PRABODH KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e
61af3aeab198d462503, postalCode=263001,
KUMAR
st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB
588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR
Date: 2026.07.28 18:32:02 +05’30’
UKHC010121672026
2026:UHC:6508
