WPMS/2665/2021
2021 Latest Caselaw 5123 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
      ON THE 14TH DAY OF DECEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
      WRIT PETITION (M/S) No. 2665 of 2021
BETWEEN:

Nanda Ballabh Sharma                      ... Petitioner
      (By Mr. Sandeep Tiwari, Advocate)

AND:

State of Uttarakhand & others             ... Respondents

      (By Mr. M.S. Bisht, learned Brief Holder)


                        JUDGMENT

1. According to the petitioner, a public path, connecting Village Durgapalpur Motiram and Village Dungarpur, has been encroached upon by certain individuals. Sub-Divisional Magistrate, Lalkuan had directed the Tehsildar to get the encroachment removed, after measuring the land.

2. Grievance of the petitioner is that despite order passed by Sub-Divisional Magistrate, the work of measurement, which was started in the month of November, 2020 has not been completed so far.

3. Learned counsel for the petitioner confines his prayer and submits that Sub-Divisional Magistrate, Lalkuan be directed to get the work of measurement completed within some stipulated time frame.

4. Mr. M.S. Bisht, learned Brief Holder for the State submits that he has no objection if such direction is issued.

5. Accordingly, the writ petition is disposed of with a direction to Sub-Divisional Magistrate, Lalkuan to get the work of measurement of land completed to ascertain the extent of encroachment over the land in dispute, as early as possible, but not later than eight weeks from the date of production of such representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal