WPMS/1618/2022
2022 Latest Caselaw 2101 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

13th JULY, 2022 WRIT PETITION (M/S) No. 1618 OF 2022 Between:

Sartaj Ali                           .......Petitioner

and

State of Uttarakhand and others.                             ....Respondents


Counsel for the petitioner        :   Mr. Pooran     Singh   Rawat,   learned
                                      counsel.

Counsel for the respondents       :   Mr. K.N. Joshi, learned Brief Holder for
                                      the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioner has preferred the present writ

petition to seek quashing of the notice dated 25.06.2022

issued to the petitioner alleging that the petitioner is

encroaching on a government land situated in Khasra No.

153 (pond) of Village Rajpur, Tehsil Jaspur, District Udham

Singh Nagar. This show cause notice was given by the Sub

Divisional Magistrate, Jaspur, in pursuance of the order

passed by this Court in Writ Petition (PIL) Nos. 65 of 2011

and 29 of 2016.

2. We have heard the learned counsel.

3. The grievance of the petitioner is that while

issuing notice dated 25.06.2022, the respondents have required the petitioner to vacate the premises within seven

days. The same is not in accordance with the principles of

natural justice, or even the order passed by the Division

Bench, which required issuance of a show cause notice and

a brief hearing to the noticee.

4. According to the petitioner, the land in question is

situated in Gata No. 150 Ka of Village Rajpur, Tehsil Jaspur,

District Udham Singh Nagar.

5. We dispose of this petition by granting liberty to

the petitioner to respond to the show cause notice within

next ten days. The SDM shall fix a date for hearing, and

after hearing the petitioner, shall pass a reasoned order. In

case, the petitioner is aggrieved by the reasoned order that

may be passed, the petitioner may avail of his remedies.

Till the order is passed, no action shall be taken to evict the

petitioner.

6. In sequel thereto, pending application, if any, also

stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 13th July, 2022 Rathour