WPMS/518/2021
2021 Latest Caselaw 722 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 5TH DAY OF MARCH, 2021

                                BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


              Writ Petition (M/S) No.518 of 2021

BETWEEN:
  Nishar Hussain                                          .....Petitioner
     (Mr. Rajesh Pandey, Advocate)




AND:

     State of Uttarakhand & others.                  .....Respondents
     (Mr. T.S. Phartiyal, Addl. C.S.C. for the State/respondents)




                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is aggrieved by a recovery notice issued to him on 11.12.2020 by the competent authority/Special Land Acquisition Officer, District Udham Singh Nagar. It is alleged in the said notice that petitioner has obtained amount of compensation, based on some forged documents.

3. Learned counsel for the petitioner submits that petitioner is Bhumidhar of the land, which was acquired, and his name was also recorded in the revenue records, therefore, the allegation made in the notice is incorrect.

4. Since the petitioner has already filed objection against the impugned notice before the Competent Authority/Special Land Acquisition Officer, District Udham Singh Nagar, by which he was given an opportunity to put forth his case, therefore, this Court is not inclined to entertain this writ petition at this stage.

5. Accordingly, writ petition is dismissed as premature. However, the petitioner would be at liberty to submit all the documents in support of his claim that he is the tenure holder of the land in question, by filing a supplementary reply within one week, and the competent authority shall consider all the aspects of the matter while taking any decision. Such decision shall be taken within three weeks from the date of production of a certified copy of this order. Till decision is taken by the competent authority; or for a period of three weeks, whichever is earlier, recovery proceedings against the petitioner shall be kept in abeyance.

6. Pending application, if any, stands disposed of accordingly.

7. Let a certified copy of this order be issued to the learned counsel for the parties, on payment of usual charges, today itself.

(MANOJ KUMAR TIWARI, J.) Rajni