Deen Mani Gairola vs State Of Uttarakhand & Others
2014 Latest Caselaw 2212 Del

WPMS No. 986 of 2014
Hon'ble Alok Singh, J.

Mr. B. S. Parihar, Advocate for the petitioner.

Mr. U.K. Uniyal, Sr. Advocate with Mr. Sandeep Kothari, Advocate for respondent no. 5.

Mr. Subhash Upadhyay, CSC for the State of Uttarakhand / respondent no. 1 to 4.

Petitioner is claiming title over the land, in question; Dhaba was in existence on the property, in question, however, same was destroyed in the month of June, 2013 during natural calamity in Garhwal region.

The only grievance of the petitioner is that over the land belonging to the petitioner Garhwal Mandal Vikas Nigam/ respondent no. 5 is raising construction.

On the other hand, Mr. U.K. Uniyal, Sr. Advocate with Mr. Sandeep Kothari, Advocate for respondent no. 5 submits that land does not belong to petitioner and is Government property whereupon respondent no. 5 has every right to raise construction.

To decide the question as to whether petitioner is owner of the property, in question or land belongs to the State Government, appreciation of evidence is required, which is not possible while exercising jurisdiction under Article 226 of the Constitution of India.

In view of the above, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to approach competent Civil Court for declaration of title and seeking appropriate relief of injunction as well as mandatory injunction or for possession.

Permitted to be withdrawn with aforesaid liberty.

CLMA No. 4290 of 2014 stands disposed of.

(Alok Singh, J.) 01.05.2014 SKS