WPMS/2040/2020
2021 Latest Caselaw 9 UK

WPMS No. 2040 of 2020
With
Connected matters.
Hon'ble Sharad Kumar Sharma, J.

Mr. Ramji Srivastava, Advocate for the petitioner.

Mr. R.C.Arya, Standing Counsel with Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand.

Mrs. Anjali Bhargava, Advocate for respondent No.3.

These are the bunch of 43 Writ Petitions, which were initiated on the basis of the notice, being Notice No. 49- Ka dated 09.09.2019, whereby, after the inquiry conducted by the revenue authorities, the petitioners were found to be in an unauthorized occupancy of a land, which was vested with the Gaon Sabha. These proceedings had ultimately culminated against the petitioners by the Revisional Court judgment against the petitioners, holding them to be unauthorisedly holding the Gaon Sabha land, lying in khasra No.23N.

When the Writ Petitions were preferred, the respondent No.3; was noticed and the respondent No.3 had filed a counter affidavit, wherein, in para 3, the Gaon Sabha has renounced his rights over the khasra No.23; on the ground that by virtue of the Government Notification No. 924/IV(3)-2018-387 th dated 5 April, 2018, the land of the village, in question, i.e. village Mitthi Behri, had now been vested with the Nagar Nigam. There is no debate that the provisions of 122-B, would equally apply to the land of the local bodies also, which includes Nagar Nigam.

But, since the Gaon Sabha has renounced its rights under the pretext of the notification dated 5th April, 2018, the petitioner is directed to implead Nagar Nigam, Dehradun, as party respondent to the Writ Petition.

The impleadment would be carried within a period of two weeks.

As soon as impleadment is carried, the petitioner would take steps for effecting services on the newly impleaded respondent Nagar Nigam, Dehradun within a period of one week thereafter.

List this Writ Petition after winter vacations.

Interim order to continue in those Writ Petitions, where it has already been granted.

(Sharad Kumar Sharma, J.) Dated 04.01.2021 Shiv