Uttarakhand High Court
WPMS/1603/2021 on 16 August, 2021
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPMS No.1603 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. Piyush Garg, Advocate, for the
petitioner.
Mr. Rakesh Kunwar, Additional CSC,
for the State of Uttarakhand.
To be precise, and without venturing into
the merits of the claim of the petitioner, the
grievance which has been raised by the
petitioner in the writ petition is that the
respondent No.2, has passed the impugned
Notice No.148, dated 08.07.2021, whereby, the
Forest Department is intending to conduct a
survey. The notice, thus, issued on 08.07.2021,
and which is impugned in the writ petition
rather shows that the respondent No.2, had
issued notices to as many as six private persons,
whose property is likely to be surveyed in
pursuance to the said impugned notice.
The grievance of the petitioner is that he
is already contesting a suit being Suit No.120
of 2015, "M/s Hicks Thermometer India Ltd.
Vs. Shri Sunil Kumar Goyal", and the same is
already pending consideration before the court
of Civil Judge (Senior Division), Dehradun.
In that eventuality, if any measurement
or the survey is being conducted by the
respondent No.2, it may be having a bearing on
the pending proceedings before the court of
Civil Judge, (Senior Division), Dehradun. His
only grievance is that in case, if the respondent
No.2, at all intends to conduct any survey, he
too should have been called upon to participate
in the survey, so that the petitioner may be
heard qua his rights as against Mr. Sunil Goyal,
whose name is shown at S.No.2 in the
impugned Notice No.148, dated 08.07.2021,
against whom, the principal suit, is already
pending consideration before competent civil
court.
Hence, the writ petition is being disposed
of with a request to the respondent No.2, that in
case of in any eventuality, if he conducts any
survey in pursuance to the Notice No.148,
dated 08.07.2021, apart from the private
persons, who have already been called upon to
participate in the survey, the petitioner too
would be issued with the notices; before any
actual survey is conducted, and he too would be
given his right of participation in the survey, as
it has been given to the other private persons.
Any report of the survey, which has been or
likely to be conducted, if it is submitted, after
the conduct of the survey in pursuance to the
Notice No.148, dated 08.07.2021, will
obviously abide by the judgment, which may be
taken in Suit No.120 of 2015, "M/s Hicks
Thermometer India Ltd. Vs. Shri Sunil Kumar
Goyal".
Subject to the above observations, the
writ petition stands disposed of.
(Sharad Kumar Sharma, J.)
16.08.2021
NR/
