WPMS/1617/2022
2022 Latest Caselaw 2150 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



             WRIT PETITION (M/S) NO. 1617 OF 2022

                              18th JULY, 2022

Between:

Nanhe Khan and others                        ......          Petitioners


and


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


Counsel for the petitioners       :   Mr. T.A. Khan, learned Senior
                                      Counsel assisted by Mr. Vinay
                                      Bhatt, learned counsel

Counsel for the respondents       :   Mr. K.N. Joshi, learned Deputy
                                      Advocate General for the State of
                                      Uttarakhand / respondent Nos. 1
                                      to 6



The Court made the following:


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



             The petitioners have preferred the present writ

petition to seek quashing of the notice dated 25.06.2022

issued to the petitioners alleging that the petitioners are

encroaching on a government land situated in Khasra

No. 162-kha of Village Rajpur, Tehsil Jaspur, District

Udham Singh Nagar. This show cause notice was given
                            2




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 petitioners is that while

issuing notice dated 25.06.2022, the respondents have

required the petitioners 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 notice.


4)        According to the petitioners, the land in

question is situated in Khasra No. 162-ka of Village

Rajpur, Tehsil Jaspur, District Udham Singh Nagar.


5)        We dispose of this petition by granting liberty

to the petitioners to respond to the show cause notice

within next ten days.     The SDM shall fix a date for

hearing, and after hearing the petitioners, shall pass a

reasoned order.   In case, the petitioners are aggrieved

by the reasoned order that may be passed, the

petitioners may avail of their remedies. Till the order is

passed, no action shall be taken to evict the petitioners.
                            3




6)         In sequel thereto, pending application, if any,

also stands disposed of.



                                     ________________
                                     VIPIN SANGHI, C.J.



                                           __________
                                           R.C. Khulbe, J.

Dt: 18th JULY, 2022 Negi