WPMS/1793/2022
2023 Latest Caselaw 2556 UK

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


             WRIT PETITION (M/S) NO. 1793 OF 2022

                             28TH AUGUST, 2023

Between:

Gurnveet Singh                                ......          Petitioner

and

District Magistrate
Udham Singh Nagar & others                    ......          Respondents


Counsel for the petitioner        :   Mr. S.R.S. Gill, learned counsel

Counsel for the respondents       :   Mr. J.C. Pande, learned Standing
                                      Counsel for the State / respondent
                                      Nos. 1 and 2

                                  :   Mr. M.K. Ray, learned counsel for
                                      respondent No. 4


The Court made the following:

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


             Counter-affidavit has been filed on behalf of

respondent Nos. 1, 2 and 3.


2)           Counsel for respondent No. 4 is also present.


3)           Learned counsel for the petitioner submits that

in the light of the counter-affidavit filed by respondent

Nos. 1 to 3, and on account of the order passed by this

Court on 01.08.2022, the carving out of plots, and
                                2




change    of     user   of   the   agricultural   land,   without

permission, has stopped.


4)            Counsel for respondent No. 4 submits that

respondent No. 4 is the bhumidhar of the land, and he is

entitled to till the land.


5)            There is no embargo against respondent No. 4

using the land for agricultural purposes.           However, in

case respondent No. 4 desires to change the usage of

the land for any other purpose, including for group

housing purpose, he shall do so only after obtaining prior

written permission of concerned authorities, and not

without it.


6)            We dispose of this petition with the aforesaid

direction.


7)            The respondent authority shall ensure the

compliance of our earlier order dated 01.08.2022, as

well as the present order.



                                           ________________
                                           VIPIN SANGHI, C.J.



                                       ________________
                                       RAKESH THAPLIYAL, J.

Dt: 28th AUGUST, 2023 Negi