WPPIL/44/2022
2023 Latest Caselaw 433 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                         COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      20.02.2023                     WPPIL No. 44 of 2022
                                     Sri Vipin Sanghi, C.J.
                                     Sri Manoj Kumar Tiwari, J.

Mr. Kurban Ali, learned counsel for the petitioner.

Mr. S.S. Chauhan, learned Deputy Advocate General for the State- respondent nos.1 to 6.

Mr. Amar Murti Shukla, learned counsel for respondent nos.7 to 10- applicants.

IA No. 02 of 2022

By this application, the applicants seek condonation of 102 days delay in preferring the Review Application (MCC No.01 of 2022).

Learned counsel for the petitioner does not fairly oppose the present application.

Delay condonation application is allowed. Delay of 102 days in preferring the review application is condoned.

MCC No. 01 of 2022

This application has been filed on behalf of respondent nos.7 to 10 to seek review of the judgment dated 13.04.2022, passed by this Court.

We have heard learned counsel for the review applicants.

The only directions issued by this Court are contained in Paragraph Nos.3 and 4 of the said judgment dated 13.04.2022, which read as follows:-

"3. Having regard to the facts and circumstances of the case, we direct District Magistrate, Udham Singh Nagar to have a spot inspection done by a Revenue Officer not below the rank of Sub Divisional Magistrate. If it is found that any part of Government land has been encroached, District Magistrate shall take necessary steps for removal of such encroachment, but only after issuing show cause notice to the encroachers and asking them to submit their reply within two weeks.

4. It shall be open to District Magistrate to pass order for recovery of mesne profits from encroachers, if it is found that they have earned wrongful gain by such encroachment over Government land. The aforesaid exercise shall be completed within a period of six weeks from today."

It appears that in pursuance of the said directions, the authorities have taken action against respondent nos.7 to 10. The said respondents have initiated certain legal proceedings, which are pending.

In our view, there is no reason for us to recall/ review the said directions, which have been reproduced hereinabove.

The Review Application is accordingly dismissed.

  (Manoj Kumar Tiwari, J.)           (Vipin Sanghi, C.J.)
           20.02.2023                    20.02.2023
NISHANT