WPMS/2513/2022
2022 Latest Caselaw 3384 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


             WRIT PETITION (M/S) NO. 2513 OF 2022

                         18th OCTOBER, 2022

Between:

Firoz Ali                                  ......          Petitioner


and


District Magistrate, Dehradun
and another                                ......         Respondents


Counsel for the petitioner     :   Mr. Mohd. Matlub, learned counsel

Counsel for the respondents    :   Mr. S.S. Chauhan, learned Deputy
                                   Advocate General for the State of
                                   Uttarakhand / respondent No. 1

                               :   Mr. Shobhit Joshi, proxy counsel on
                                   behalf of Mr. Ashish Joshi, learned
                                   counsel for respondent No. 2



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             Issue notice.


             Mr. S.S. Chauhan, learned Deputy Advocate

General for the State, appears and accepts notice on

behalf of respondent No. 1.
                               2




             Mr. Shobhit Joshi, proxy counsel on behalf of

Mr. Ashish Joshi, accepts notice on behalf of respondent

No. 2.


2)           The submission of the petitioner is that in

response to the notice dated 01.10.2022, issued to the

petitioner, which is impugned in the present petition, he

sent     a   representation   to   the   District   Magistrate,

Dehradun, requiring that the matter be investigated

before demolition is undertaken, as the petitioner claims

that he is in lawful occupation of the premises, which he

claims to own by virtue of a registered gift deed.


3)           At the outset, we have made it clear to the

petitioner that this Court is not going to examine the

title of the petitioner as such disputes can only be

adjudicated in a civil court.      Counsel for the petitioner

submits that the respondents may only examine the

position on record on their own before proceeding to

carry out demolition.


4)           We, therefore, dispose of this writ petition.

The respondents should examine - whether the land in

question falls in Khata No. 100, Khasra No. 277r, in

village Danda Lakhor, Pargana Parwadoon, Dehradun,

and, if so, whether the title to the same belongs to the
                             3




petitioner, or not? If the respondents are satisfied that

the petitioner is an encroacher, they shall be entitled to

proceed in the matter in terms of the notice issued to

the petitioner.   We leave it open to the petitioner to

approach the civil court to have his title disputes settled.


          Stay Application (IA No. 01 of 2022) also

stands disposed of.



                                       ________________
                                       VIPIN SANGHI, C.J.


                                           ___________
                                           R.C. KHULBE, J.

Dt: 18th OCTOBER, 2022 Negi