WPMS/1228/2021
2021 Latest Caselaw 2141 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
            ON THE 30TH DAY OF JUNE, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 1228 of 2021

 BETWEEN:
      Amipal @ Dharampal and another .....Petitioners
      (By Mr. Rajendra Tamta, Advocate)

 AND:
      State of Uttarakhand & others              .....Respondents
      (By Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhnd)


                          JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. By means of this writ petition, petitioners have sought the following reliefs:-

"a) issue a writ order in the nature of certiorari quashing/setting aside the impugned order dated 20.11.2021 (contained in Annexure no. 9 to this writ petition)

b) issue a writ, order or direction in the nature of mandamus commanding the respondent authority to allot land to the petitioner no. 2 in Village Fakkarhedi, Pargana & Tehsil Bhagwanpur, District Haridwar as per the proposal dated 07.04.2021 issued by Land Management Committee Tejjupur, Pargana & Tehsil Bhagwanpur, Haridwar, District Haridwar (Annexure No. 4).

c) issue a writ, order or direction in the nature of mandamus commanding the respondent authority to give the possession of allotted land along with Patta to the petitioner no. 1 as per order dated 08.06.2004 passed by the respondent no. 3 in Suit No. 05 'Land Management Committee Tejjupur Vs. Ilam Chand & others' in compliance of order dated 10.01.2020 passed by this Hon'ble Court in WPMS No. 3257/2018 (Annexure No. 3)."

3. After arguing for a while, learned counsel for the petitioners confines his prayer and submits that petitioners may be permitted to make representation to District Magistrate, Haridwar, who may be directed to take decision in the matter at the earliest.

4. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioners to make representation to District Magistrate, Haridwar within two weeks from today. If such representation is made within the stipulated time, District Magistrate shall look into the matter and pass appropriate order, in accordance with law, within ten weeks from the date of receipt of representation alongwith certified copy of this order.

5. While taking decision, District Magistrate, Haridwar shall hear all stakeholders.

(MANOJ KUMAR TIWARI, J.) Navin