WPMS/1636/2022
2022 Latest Caselaw 2183 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

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

20th JULY, 2022 WRIT PETITION (M/S) No. 1636 OF 2022 Between:

Swami Ajayanand .......Petitioner

and

State of Uttarakhand and others. ....Respondents

Counsel for the petitioner : Mr. B.M. Pingal, learned counsel.

Counsel for the respondents : Mr. K.N. Joshi, learned Deputy Advocate General 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

0 8 .07.2022 issued to the petitioner alleging that the

petitioner is encroaching on a government land situated in

Village Kunwarpur, Tehsil Sitarganj, khata no.208, khasra

no.273 min, measuring area 0.3722 hectare land which is under

category 6(1) submerge land and which is recorded as pound in

the revenue records. As per the report of Revenue Sub Inspector,

the encroached land by the petitioner is measuring 704 sq.mt.

This show cause notice was given by the Tehsildar,

Sitarganj, 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 08.07.2022, the respondents have

required the petitioner to vacate the premises within

three 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 Village Kunwarpur, Tehsil Sitarganj, khata

no.208, khasra no.273 min, measuring area 0.3722 hectare land

which is under category 6(1) submerge land and which is

recorded as pound in the revenue records.

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.

     th
Dt: 20    July, 2022
SS