Ilam Chand And Others vs State Of Uttarakhand
2021 Latest Caselaw 421 UK

MCC No. 9590 of 2021
IA No. 9592 of 2021
In
CLCON No. 282 of 2020
Hon'ble Sharad Kumar Sharma, J.

Mr. Rajendra Tamta, Advocate for the applicant.

Mr. R.C. Joshi, Brief Holder for the State of Uttarakhand.

The Coordinate Bench of this Court by a judgment dated 10th January, 2020, which was passed in Writ Petition No. 3257 of 2018 (M/S), Ilam Chand and others Vs. State of Uttarakhand and others, had passed an order, whereby, the Writ Petition was disposed of directing the District Magistrate, to take a decision for the purposes of giving the physical possession of the plot to each of the petitioners, as they were already held to be deserving candidates to whom the plot was to be allotted. When the same was not complied with, the Contempt Petition was filed and in the Contempt Petition, the respondents had filed the Misc. Application No. 9598 of 2020, whereby the name of the petitioner was shown at S.No. 3, in which, it was depicted, that the possession of, the plot allotted to the petitioner was given on 21st September, 2020. Accordingly, the Contempt Petition was closed on 8th October, 2020.

The petitioner has filed the recalled application, seeking recall of the order dated 8th October, 2020, contending thereof that, in fact, subsequent thereto, the respondents have forcefully took possession of the plot allotted to him and had even destroyed the construction, which was raised by him over the plot and the adjacent plot of the petitioner, which was allotted to him by the Gram Sabha in 2016.

The fact of forceful interference, was not the subject matter of the judgment of 10th January, 2020, nor in the Contempt Petition.

Any wrongful interference or demolition process being taken by the respondent on 3rd October, 2020, may entail a fresh cause of action for the petitioner, opening it for him, for seeking his remedy before the appropriate Court, but it would not entail to file a recall application for seeking recall of the order dated 8th December, 2020.

Accordingly, as far as the order dated 8th October, 2020, is concerned, there is no apparent anomaly, hence, the Recall Application as well as the Delay Condonation Application filed in support thereto would stand rejected with the liberty open to the petitioner to seek an appropriate remedy as available to him under law.

(Sharad Kumar Sharma, J.) Dated 23.02.2021 Shiv