WPMS/729/2019
2021 Latest Caselaw 2818 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 3RD DAY OF AUGUST, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 729 of 2019

BETWEEN:

Surendra Singh & another.                       ...Petitioners
     (By Mr. Jitendra Chaudhary, Advocate)

AND:
State of Uttarakhand & others.                ...Respondents
     (By Mr. Pradeep Hariya, Standing Counsel for the State
     of Uttarakhand and Mr. Gopal K. Verma, Additional
     C.S.C. for the State of Uttar Pradesh)


                      JUDGMENT

Revenue Inspector, Nakha, Tehsil Sitarganj, District Udham Singh Nagar issued a notice to the petitioner on 18.02.2019, asking him to produce the documents regarding title over the land comprised in Khata No. 276 Khasra No. 562/1 admeasuring 0.212 hectare, Khasra No. 565/3 admeasuring 3.133 hectare, total area 3.345 hectare, situate in Village Nakha, Tehsil Sitarganj, District Udham Singh Nagar within three days, or else remove his occupation from the said land.

2. The said notice has been challenged in this writ petition. Learned Standing Counsel has raised an objection that the writ petition is premature, as petitioner has challenged a show cause notice.

3. This Court finds substance in the objection raised by learned Standing Counsel. Since petitioner can produce the evidence regarding title over subject land, therefore, this Court does not find any reason to interfere with the impugned show cause notice.

4. Learned counsel for the petitioner submits that the order passed by Sub Divisional Magistrate, Sitarganj on 05.02.2019, referred in the impugned notice, has not been served upon the petitioner. Pleading to this effect has also been made in paragraph no. 3 of the writ petition.

5. Having regard to the facts & circumstances of the case, the writ petition is disposed of with a direction to Sub Divisional Magistrate, Sitarganj to supply copy of the order dated 05.02.2019 to the petitioner within ten days from the date of production of certified copy of this order. Petitioner shall submit his reply within two weeks thereafter. The Competent Authority shall consider petitioner's reply and pass appropriate order, in accordance with law, within a period of four weeks from the date of receipt of petitioner's reply.

(MANOJ KUMAR TIWARI, J.) Arpan