WPMS/1307/2021
2021 Latest Caselaw 2525 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 22nd DAY OF JULY, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.1307 of 2021

BETWEEN:

     Niranjanpur Sahkari Matasya Jeevi Samiti Ltd.
                                        .....Petitioner
       (None present for the petitioner)


AND:

     State of Uttarakhand & Ors.
                                                   .....Respondent

       (Mr. T.S. Phartiyal, Addl. C.S.C. along with Mr. Devesh Ghildiyal,
       Brief Holder for the State)


                              JUDGMENT

There is no representation for the petitioner. Heard Mr. T.S. Phartiyal, Additional Chief Standing Counsel along with Mr. Devesh Ghildiyal, learned Brief Holder for the State through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondents to remove the illegal encroachment from the land khasra no.416 admeasuring 4.6720 hectare situated in Village Niranjanpur, Tehsil Laksar, District Haridwar, which is

recorded in the name of a pond "Chandratal" in revenue record.

(ii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondents to get demarcate the land khasra no.416 admeasuring 4.6720 hectare situated in Village Niranjanpur, Tehsil Laksar, District Haridwar through a joint committee constituted at District Level.

(iii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondnets to take necessary legal action against the encroachers, who have encroached upon the land khasra no.416 admeasuring 4.6720 hectare situated in Village Niranjanpur, Tehsil Laksar, District Haridwar which is recorded in the name of a pond "Chandratal" in revenue record.

3. Petitioner has relied upon the order passed by Division Bench of this Court in Writ Petition (P.I.L.) No.65 of 2011, whereby certain directions were issued to the State Government and Sub Divisional Magistrates. According to him, land belonging to a pond has been encroached by certain persons in Village Niranjanpur, Tehsil Laksar and the concerned authorities are not taking any action despite representation.

4. Having regard to the facts of the case, writ petition is disposed of with liberty to the petitioner to make representation to the S.D.M. concerned within two weeks. If such representation is made,

concerned S.D.M. shall look into the matter and take appropriate decision in accordance with law within four months thereafter. It goes without saying that before taking any decision, S.D.M. shall provide reasonable opportunity of hearing to the stakeholders including the alleged encroachers, if any.

(MANOJ KUMAR TIWARI, J.) Rajni