WPPIL/55/2022
2022 Latest Caselaw 3468 UK

                Office Notes,
             reports, orders or
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                  WPPIL No.55 of 2022
                                  Shri Sharad Kumar Sharma, J.

Shri Ramesh Chandra Khulbe, J.

Mr. T.A. Khan, learned Senior Counsel assisted by Ms. Sadaf, learned counsel for the petitioners.

Mr. Ajay Singh Bisht, learned Addl. C.S.C. and Mr. Gajendra Tripathi, learned Brief Holder for the State.

Mr. V.K. Kaparuwan, Mr. Rajesh Sharma and Mr. Lalit Sharma, learned Standing Counsel for the Union of India.

Mr. Ashish Joshi, learned counsel for respondent no. 6.

In earlier PIL being Writ Petition (PIL) No. 178 of 2013, during the course of argument, one of the issues which cropped up was with regards to the demarcation as well as the effect of the report submitted by the Advocate Commissioner. The Division Bench in the proceedings, which was held on 24.03.2021 has observed that the Advocate Commissioner has surveyed the land along with the authorities of the Railway Department as well as the Revenue Department. The land was demarcated and in relation thereto, a report of 07.04.2021 was submitted. The said observation finds reference in the subsequent order of the Division Bench also dated 07.04.2021.

In view of the aforesaid, since the controversy pertaining to the demarcation and the submission of the report of demarcation is already a matter heard in the subsequent PIL, being Writ Petition (PIL) No. 30 of 2022, this Court is of the view that so far as relief nos. i, ii and iii are concerned, at this stage, it need not require to be ventured into, as it would be addressed upon after the judgment is rendered in the WPPIL No. 30 of 2022. The respondents who are represented by their respective counsels, may file their counter affidavits, with regards to the other reliefs except for relief nos. i, ii and iii.

List after three weeks.

The counter affidavits be filed within the aforesaid period.

(R.C. Khulbe, J.) (Sharad Kumar Sharma,J.) 01.11.2022 AK/BS