SPA/211/2022
2022 Latest Caselaw 2692 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
         THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


                 SPECIAL APPEAL NO. 211 OF 2022

                         26th AUGUST, 2022

Between:

Wali Mohammad & another                  ......          Appellants


and


State of Uttarakhand & others            ......          Respondents


Counsel for the appellants    :   Mr. Sachin, learned counsel

Counsel for the respondents   :   Mr. K.N. Joshi, learned Deputy
                                  Advocate General for the State of
                                  Uttarakhand / respondents



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The present appeal is delayed by 32 days. In

any event, we have heard learned counsel for the

appellant on merits.


2)           The Special Appeal is directed against the

judgment dated 05.01.2022, in Writ Petition (M/S) No.

2470 of 2022, whereby the appellant's writ petition has

been dismissed. The appellant has assailed the decision

taken by the District Magistrate on 27.10.2018, whereby
                            2




he was not permitted to raise a boundary wall in what he

claimed to be his land.


3)        The learned Single Judge has observed that

there is a dispute regarding demarcation of land.     The

land, which the appellant claimed to be his, has been

treated as public utility land by the District Magistrate.

Therefore, there is a factual dispute which could not be

decided in writ proceedings.      On that account, the

petition was dismissed.


4)        We are not inclined to interfere with the

impugned order.     It is open to the appellants to take

other proceedings, as may be available in law, for

determination of the factual dispute with regard to the

demarcation of the land.


5)        The Special Appeal is, accordingly, dismissed.


          All pending applications also stands disposed

of.



                                     ________________
                                     VIPIN SANGHI, C.J.



                                           __________
                                          R.C. Khulbe, J.

Dt: 26th AUGUST, 2022 Negi