WPMS/572/2021
2021 Latest Caselaw 825 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 10TH DAY OF MARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 572 of 2021

BETWEEN:

Suraj Prakash Thapliyal.                     ..........Petitioner
     (Mr. Rajendra Arya and Mr. Hemant Singh Mahra,
     Advocates)

AND:
State of Uttarakhand
and others.                                 ....Respondents
     (Mr. G.S. Negi, Additional C.S.C. for the State of
     Uttarakhand    and   Mr.   Rahul   Consul,   Advocate   for
     respondent no. 4)


                      JUDGMENT

According to the petitioner, respondent no. 6 has been wrongly allotted agricultural land in Village Chandroti and, despite representations made by the petitioner, no action is being taken in the matter.

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

"i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 & 4 to take appropriate action against the encroachment of Gram Sabha land as well as the Forest land by the respondent no. 6 & 7 at Village & Post Chandroti, Tehsil & District Dehradun.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to constitute an enquiry committee to enquire about the allotment of Gram Sabha Chandroti's land to the other villagers."

3. The report of Revenue Inspector, Johri is on record at page no. 23. Perusal of the same reveals that proceedings under Section 122-B Z.A. & L.R. Act are pending against respondent no. 6 before the Competent Court.

4. Since proceedings are already on against respondent no. 6, therefore, interference in the matter, at this stage, would not be needed.

5. Accordingly, the writ petition is disposed of with a direction to the concerned authority, before whom proceedings under Section 122-B of Z.A. & L.R. Act are pending, to hear and decide the said proceedings as early as possible, preferably within a period of six months from the date of production of certified copy of this order.

6. It goes without saying that, all the stakeholders, including respondent no. 6, shall be heard while passing any order in the said proceedings.

(MANOJ KUMAR TIWARI, J.) Arpan