WPMB/209/2023
2023 Latest Caselaw 2485 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (M/B) NO. 209 OF 2023
                             24TH AUGUST, 2023
BETWEEN:
Indra Ramola & another                                            .....Petitioners.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioners : Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Shubhang Dobhal and Mr. Bhupendra Bora, learned counsel.

Counsel for the State : Mr. B.S. Parihar, learned Standing Counsel and Ms. Puja Banga, learned Brief Holder.

Counsel for the Respondent Nos.3 & 4 : Mr. Rajesh Sharma, learned Standing Counsel.

The Court made the following:

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

The petitioners have preferred the present writ

petition to assail the notice dated 13.08.2023, issued to the

petitioner alleging encroachment by them on the land falling

in Khasra Numbers 2296 and 2298 of Village Gyanshu, Tehsil

Bhatwari, District Uttarkashi.

2. According to the petitioners, they are the owners of

the land falling in Khasra No.2295. The petitioners state that

they have responded to the said notice, and they apprehend

that without disposal of the notice, action for removal of

alleged encroachment and construction would be undertaken.

3. Learned counsels for the respondents appear on

advance notice.

4. The respondents should consider the response of

the petitioners to the show-cause notice, and pass a reasoned

and speaking order before taking any action in the matter, as

proposed in the show-cause notice.

5. The petition stands disposed of in the aforesaid

terms.

6. We, however, make it clear that we have not

examined the petitioners' case on merits.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 24th August, 2023 NISHANT