WPMB/85/2023
2023 Latest Caselaw 1530 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. 85 OF 2023
                               05TH JUNE, 2023
BETWEEN:
Nanhe Khan & others                                            .....Petitioners.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioners : Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd.

Safey, learned counsel.

Counsel for the Respondents : Mr. K.N. Joshi, learned Deputy Advocate General.

The Court made the following:

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

Mr. Joshi has tendered in Court the order dated

03.06.2023, passed by the Sub-Divisional Magistrate, Jaspur,

District Udham Singh Nagar. In the said order, the SDM has

found that the petitioners are encroaching on lands bearing

Khasra Nos.162Kha, admeasuring 0.174 hec, 157,

admeasuring 0.024 hec, 156, admeasuring 0.036 hec,

153Kha, admeasuring 0.0393 hec, falling in Class I- pond.

2. In the light of the aforesaid, Mr. Khan, on

instructions, seeks leave to withdraw the present writ petition

with liberty to pursue such other remedy, as is available to

the petitioners in law.

3. The writ petition is dismissed as withdrawn with the

aforesaid liberty, as prayed for.

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

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 05th June, 2023 NISHANT