WPMB/95/2023
2023 Latest Caselaw 1622 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/B) NO. 95 OF 2023

                             12TH JUNE, 2023


Between:

Thechku                               ......                Petitioner


and


State of Uttarakhand & others         ......             Respondents


Counsel for the petitioner       :   Mr. Shubhang Dobhal and Mr.
                                     Bhupendra Bora, learned counsels

Counsel for the respondents      :   Mr. Amarendra Pratap Singh,
                                     learned    Additional  Advocate
                                     General   for     the State   /
                                     respondents



The Court made the following:


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


             Issue notice.


2)           Learned counsel for the respondents appears

and accepts notice.


3)           The petitioner has preferred the present writ

petition to assail the notice dated 20.09.2022, issued by
                             2




respondent No. 4, i.e., Tehsildar, Vikas Nagar, District

Dehradun,    requiring   the    petitioner   to   remove   the

encroachment from khasra No. 371A, admeasuring

0.0098 Hectares, falling in category 6-3, over which the

pucca construction has been found to exist, which is

allegedly illegally occupied by the petitioner.


4)        The case of the petitioner is that the petitioner

had purchased the property from the erstwhile owner

way back on 22.09.1998, which was also mutated in the

revenue records in the year 1999, in favour of the

petitioner, falling in khasra No. 352.       According to the

petitioner, the property is not falling in khasra No. 371A,

as alleged by the respondents.


5)          Pertinently, the petitioner appears to have

taken no steps to have his property demarcated to

establish that it is, indeed, falling in khasra No. 352, as

claimed by him, despite the fact that the notice was

issued as early as on 20.09.2022.


6)        Counsel for the respondents, who appears on

advance notice, submits that the property in question is

situated in khasra No. 371A. He further submits that the

respondents only demolish the property situated in

khasra no. 371A.
                             3




7)         In the light of the aforesaid, we dispose of this

petition, leaving it open to the petitioner to take

appropriate steps, as the petitioner is advised, to have

his property demarcated.        The statement made by

counsel for the respondents is also taken on record. The

respondents shall remain bound by the same.


8)         The writ petition stands disposed of in the

aforesaid terms.


9)         Interim relief application (IA No. 01 of 2023)

also stands disposed of.



                                       ________________
                                      VIPIN SANGHI, C.J.



                                   _________________
                                   RAKESH THAPLIYAL, J.

Dt: 12th JUNE, 2023 Negi