WPMS/60/2022
2022 Latest Caselaw 97 UK

Citation : 2022 Latest Caselaw 97 UK
Judgement Date : 11 January, 2022

Uttarakhand High Court

WPMS/60/2022 on 11 January, 2022

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
             ON THE 11TH DAY OF JANUARY, 2022
                                    BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

              Writ Petition (M/S) No. 60 of 2022

 BETWEEN:
       Smt. Romila.                                          .....Petitioner
       (By Mr. Navnish Negi, Advocate)


 AND:
       State of Uttarakhand & others.                     ....Respondents
       (By    Mr.   J.S.   Bisht,    Standing   Counsel    for   the   State    of
       Uttarakhand/respondents)



                              JUDGMENT

Heard learned counsel for the parties through video conferencing.

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

"I. Issue Writ, Order or Direction in the nature of Mandamus Commanding the Respondent no. 2 to remove the Encroachment on the land of the petitioner pursuant to the Enquiry Report dated 20/3/2017& 30/9/2021 filed by the Revenue Authorities. "

3. Petitioner has relied upon some reports submitted by revenue officers, in support of his contention that the encroachment is liable to be removed from her land.

4. Learned counsel for the petitioner submits that a chak road has been constructed over petitioner's land by changing its alignment, which needs to be shifted, out of petitioner's land.

5. The relief as claimed in this writ petition can only be granted by a competent Revenue or Civil Court, as the case may be.

6. The controversy involved in this writ petition cannot be decided without recording of evidence and adjudication on the question of title would also be needed, therefore, public law remedy under Article 226 of the Constitution would not be an appropriate forum for grant of such relief.

7. In such view of the matter, this Court refrains from interfering in the matter.

8. Accordingly, the writ petition fails and is dismissed. However, dismissal of this writ petition will be without prejudice to petitioner's right to approach the competent Court of law.

(MANOJ KUMAR TIWARI, J.) Navin