WPPIL/75/2022
2022 Latest Caselaw 1620 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                       COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPPIL No. 75 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'bleR.C. Khulbe, J.

Mr. Parikshit Saini, learned counsel for the petitioner.

Mr. Azim, learned Central Government Standing Counsel for respondent nos. 1 to 3.

Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand.

Mr. Akib Ahmed, Advocate holding brief of Mr. Ashish Joshi, learned counsel for respondent no. 7.

According to petitioner, huge tracts of land, belonging to Ameer of Kabul, who left India at the time of partition, has been declared evacuee property. According to petitioner, said land, which is situate in the heart of Dehradun City, has been encroached by unscrupulous persons.

Learned counsel for petitioner refers to judgment dated 15.06.2007 passed by learned Single Judge of this Court in WPMS No. 5828 of 2001 (Old No. CMWP No. 5402 of 1984). The said writ petition, filed by alleged encroachers in 1984 before Lucknow Bench of Hon'ble Allabahad High Court, was allowed and the possession warrant issued by Assistant Custodian, Evacuee Property was quashed and matter was relegated back to Assistant Custodian Evacuee Property to pass appropriate order, as per law, without any unnecessary delay.

The grievance raised by petitioner in this Writ Petition (PIL) is that despite the order of this Court passed on 15.6.2007, Assistant Custodian, Evacuee Property has not taken any decision in the pending proceedings, therefore, encroachments are still lying over the evacuee property, left behind by Ameer of Kabul.

Having regard to the public interest involved in the matter, this Writ Petition (PIL) is disposed of with liberty to petitioner to make representation to the Competent Authority, within three weeks from today. If petitioner makes such representation to the Competent Authority, he shall look into the matter and take appropriate decision, as per law, as early as possible, but not later than three months from the date of production of certified copy of this order along with representation.

(R.C. Khulbe, J.) (Manoj KumarTiwari, J.) 25.05.2022 Aswal