WPMS/1547/2022
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             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

               WRIT PETITION (M/S) NO. 1547 OF 2022

                                06TH JULY, 2022

BETWEEN:

Baldev Raj Madaan & another                                       .....Petitioners.
And

State of Uttarakhand & others                                     ....Respondents.

Counsel for the Petitioners : Mr. T.P.S. Takuli, learned counsel.

Counsel for the Respondents : Mr. S.S. Chauhan, learned Deputy Advocate General for the State.

The Court made the following:

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

The petitioners assail the notice dated 20.06.2022,

issued by the respondent no.4 calling upon the petitioners to

remove the encroachment alleged against them within a

period of three days from the date of receipt of the said

notice.

2. The grievance of the petitioner is that, the said

notice was issued without grant of opportunity of hearing to

the petitioners.

3. We find that the notice has been issued only in

relation to removal of unauthorized encroachment on land not

belonging to the petitioners. Though, notice gave three days'

time to the petitioners to remove the encroachment, as a

matter of fact, the respondents have not taken any action till

date. In the meantime, fifteen days' have elapsed. Therefore,

the petitioners have had sufficient time, and could have taken

steps to establish their titles over the land, on which the

respondents allege encroachment.

4. We, therefore, dispose of this writ petition while

observing that the respondents shall remove the

encroachment only from that part of the land, over which, the

petitioners are encroaching, and over which, the petitioners

do not have any title.

5. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 06th July, 2022 NISHANT