Uttarakhand High Court
SPA/6/2021 on 2 November, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE R.C. KHULBE
02ND NOVEMBER, 2022
SPECIAL APPEAL No. 06 OF 2021
Between:
Noor Hasan.
...Appellant
and
State of Uttarakhand and others.
...Respondents
Counsel for the appellant. : Mr. Brij Bhushan Sharma, the learned
counsel.
Counsel for the respondents. : Mr. K.N. Joshi, the learned Deputy
Advocate General for the State of
Uttarakhand.
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
DELAY CONDONATION APPLICATION (IA No. 02 of 2021)
By this application, the appellant seeks
condonation of delay of 89 days in filing the present
Special Appeal.
2. The respondents fairly do not oppose the
application to seek condonation of delay of 89 days in
filing the present Special Appeal.
3. For the reasons stated in the application, the
same is allowed. Delay caused in filing the present Special
Appeal is, hereby, condoned.
SPECIAL APPEAL No. 06 OF 2021
4. The present Special Appeal is directed against
the order dated 01.09.2020 passed by the learned Single
Judge in Writ Petition (M/S) No. 1426 of 2020, whereby
the learned Single Judge has dismissed the Writ Petition
preferred by the appellant.
5. The appellant had sought the following reliefs in
the Writ Petition :-
"(i) issue a writ, order or direction in the nature of
mandamus, directing to decide the representation
to the respondent nos. 2 & 3 for remove the illegal
encroachment being done by other persons over
the manure pits situated in khasra no. 622,
Bhangedi Mahavatpur Mustkham, Pargana & Tehsil
Roorkee, District- Haridwar.
(ii) Issue a writ, order or directing the respondents to
direct the measurement and give the possession to
the petitioner, and also further directing the
respondents to take legal and necessary action
upon the pending representation of the petitioner."
6. The learned Single Judge has dismissed the Writ
Petition, since the appellant was primarily seeking removal
of alleged encroachment on Khasra No. 622, Bhangedi
Mahavatpur Mustkham, Pargana & Tehsil Roorkee, District
Haridwar, and possession thereof.
7. The submission of the learned counsel for the
appellant is that the appellant had sought a direction to
the respondents to measure the land in question, apart
from seeking the relief of possession. Even if the relief of
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possession could not be granted, the respondent-
authorities could be directed to carry out the
measurement.
8. The appellant filed, along with the Writ Petition,
an application made by him to the SDM on 17.06.2020,
wherein the appellant had requested for measurement of
the land in Khasra No. 622, Bhangedi Mahavatpur
Mustkham, Pargana & Tehsil Roorkee, District Haridwar.
The copy of the said application has been placed on
record. On the said application, the SDM concerned had
endorsed his noting on the same day, issuing a direction
to the SHO/Tehsildar to have the land measured, and, in
case it is found that any unauthorized occupation is being
undertaken, then to stop the same.
9. Learned counsel for the appellant submits that
the said order has not been implemented by the
SHO/Tehsildar till date.
10. Considering the heavy emphasis laid by the
appellant in the prayers made in the Writ Petition for
possession, we do not find any infirmity in the impugned
order. At the same time, since the appellant also sought a
direction for measurement, which we find had been
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ordered by the SDM on 17.06.2020, and according to the
appellant, the same has not been implemented yet, we
dispose of this Special Appeal with a direction to the
respondent-authorities to comply with the order dated
17.06.2020 passed by the SDM on the appellant's
application of the same date, if not already complied with.
11. The Special Appeal stands disposed of in the
aforesaid terms.
12. In sequel thereto, pending application, if any,
also stands disposed of.
________________
VIPIN SANGHI, C.J.
_____________
R.C. KHULBE, J.
Dt: 02nd November, 2022
Rahul
