Romila vs State Of Uttarakhand & Ors
2022 Latest Caselaw 1852 UK

        IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

                  Special Appeal No. 115 of 2022

Romila                                              .....Appellant
                          Versus
State of Uttarakhand & Ors.                         .....Respondents


Present:
      Mr. Navnish Negi, the learned counsel for the appellant.
      Mr. Vikas Pande, the learned Standing Counsel for the State.

                     Date of hearing : 27.06.2022

Coram:        Sri S.K. Mishra, ACJ.
              Sri R.C. Khulbe, J.

Upon hearing the learned counsel for the parties, this Court made the following judgment: (Per: Sri S.K.Mishra, ACJ.)

The appellant has assailed the order passed by the learned Single Judge on dated 11.01.2022. The petitioner has prayed for the following relief:

"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 20.03.2017 and 30.09.2021 filed by the Revenue Authorities."

2. The learned Single Judge held that the remedy cannot be granted in a writ petition without recording of evidence, and, therefore, dismissed the writ petition.

3. In the present appeal, the learned counsel for the appellant contends that he does not have alternative efficacious remedy and relied upon a map allegedly prepared by the Revenue Authority, annexed at page 36 of the brief of the writ petition, which shows that a Nala goes to plot no. 935. However, such a map is not

fully reliable as it does not show from where the nala starts and where it ends.

4. In that view of the matter, we are not inclined to entertain this appeal.

5. The intra-court appeal stands dismissed.

Urgent certified copy of the order be provided as per Rules.

(Sanjaya Kumar Mishra, ACJ.)

(Ramesh Chandra Khulbe, J.)

PV