WPMB/87/2023
2023 Latest Caselaw 1852 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. 87 OF 2023
                               17TH JULY, 2023
BETWEEN:
Rizwan & another                                              .....Petitioners.
And

State of Uttarakhand & another                                ....Respondents.

Counsel for the Petitioners : Mr. Chandramauli Shah, learned counsel.

Counsel for the State : Mr. Vikas Pande, learned Standing Counsel.

The Court made the following:

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

Mr. Pande has taken instructions. As per his

instructions, the petitioners are occupying lands falling in

Khasra Nos.1044 Min and 1042 Ka Min, and not Khasra

No.625, as claimed by the petitioners. He has clarified that

Khasra No.625 was the earlier given khasra number before

Consolidation, which the petitioners were occupying.

However, post consolidation, they are not occupying the

same parcel of land, and Khasra Nos.1044 Min and 1042 Ka

Min, which are under occupation of the petitioners, are public

lands, and were never allotted to them.

2. In these circumstances, we are not inclined to

interfere in these proceedings, since the disputed questions of

facts have been raised, and admittedly, the petitioners do not

claim any title over the lands falling in Khasra Nos.1044 Min

and 1042 Ka Min.

3. The petition is accordingly dismissed.

4. It goes without saying that the respondents shall

verify the actual Khasra Number in occupation of the

petitioners, before taking any action in terms of the impugned

orders.

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

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 17th July, 2023 NISHANT