WPMS/2861/2021
2021 Latest Caselaw 5410 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 29TH DAY OF DECEMBER, 2021
                        BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2861 of 2021
BETWEEN:

Gram Sabha/Land Management
Committee of Gram Panchayat
Jhajra & another                       ... Petitioners

      (By Mr. Jitendra Chaudhary, Advocate)

AND:

State of Uttarakhand & others          ... Respondents

      (By Mr. S.S. Chauhan, Deputy Advocate General)


                      JUDGMENT

1. This writ petition has been filed by Gram Sabha/Land Management Committee of Gram Panchayat-Jhajra, Vikashand-Sehaspur, Tehsil Vikasnagar, Dehradun. According to the petitioner, a public utility land of Gram Panchayat, Jhajra has been encroached upon by certain unscrupulous persons, including respondent no. 5.

2. Mr. Jitendra Chaudhary, learned counsel appearing for the petitioners has relied upon judgment rendered by Hon'ble Supreme Court in the case of Jagpal Singh & others vs State of Punjab & others reported in 2011 (11) SCC 396. It is contended on behalf of the petitioner that despite representation made by the petitioner to the concerned authorities, no decision has been taken.

3. After arguing for a while, learned counsel for the petitioners submits that petitioners may be permitted to make fresh representation to the Competent Authority and the Competent Authority be directed to take decision thereupon.

4.          Having       regard         to        the   facts       and
circumstances      of    the    case,       the    writ petition is
disposed    of    with   liberty       to    petitioner   to    make

representation to S.D.M./Assistant Collector 1st Class, Vikasnagar, Dehradun (respondent no. 4), within two weeks from today. If such representation is made within the stipulated time, respondent no. 4 shall look into the matter and take appropriate decision, in accordance with law, within a period of six months from the date of receipt of representation alongwith certified copy of this order. It goes without saying that before passing any order adverse to the interest of any person, person concerned shall also be heard.

(Manoj Kumar Tiwari, J.) Aswal