WPMS/2396/2021
2021 Latest Caselaw 4816 UK

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


     WRIT PETITION (M/S) No. 2396 of 2021

BETWEEN:

Sh. Rajesh Kumar.                              .....Petitioner
       (By Mr. Sagar Kothari, Advocate)

AND:
State of Uttarakhand & others.              ...Respondents
       (By Mr. Shailendra Singh Chauhan, Deputy Advocate
       General for the State of Uttarakhand/respondents)


                        JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is aggrieved by an order passed by Naib Tehsildar (Sadar), Dehradun on 08.11.2021, whereby petitioner has been asked to remove his effects from Khata No. 01, Khasra No. 1030 Ka, area 0.1230 hectare, situate in Village Chanlag, District Dehradun.

3. It is the contention of the learned counsel for the petitioner that petitioner had purchased the land from Doon Green Valley Awas Nirman Sahkari Samiti Ltd. and petitioner has not encroached any part of public land. He further submits that impugned order was passed by Naib Tehsildar (Sadar) without affording any opportunity of hearing to the petitioner.

4. Learned State Counsel was asked to get instructions in the matter, however, Mr. Shailendra Singh Chauhan, learned Deputy Advocate General submits that he could not get any instructions, despite letter issued to the concerned authorities. He, however, fairly submits that, from the impugned order, it appears that petitioner was not heard.

5. Having regard to the facts of the case, the writ petition is disposed of with the following directions:

I. Petitioner shall be at liberty to file objection against the impugned order dated 08.11.2021, within two weeks from today.

II. It shall be open for the petitioner to raise all contention in his objection.

III. The concerned Tehsildar shall consider petitioner's objection and take appropriate decision, in accordance with law, within four weeks from the date of receipt of objection.

IV. For a period of six weeks or till decision on petitioner's objection, whichever is earlier, status quo, as of today, shall be maintained.

6. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin