Uttarakhand High Court
WPMS/893/2023 on 29 March, 2023
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
WPMS No. 893 of 2023
WPMS No. 894 of 2023
WPMS No. 895 of 2023
WPMS No. 896 of 2023
WPMS No. 897 of 2023
WPMS No. 898 of 2023
WPMS No. 899 of 2023
WPMS No. 900 of 2023
WPMS No. 901 of 2023
WPMS No. 902 of 2023
Hon'ble Manoj Kumar Tiwari, J.
Mr. Sanjay Bhatt, learned counsel for the
petitioner.
Mr. C.S. Rawat, learned Chief Standing
Counsel with Mr. J.S. Bisht, learned Standing
Counsel for the State of Uttarakhand.
Since common questions of fact and law
are involved in these petitions, therefore, these
petitions are clubbed together and decided by
this common judgment. However, for the sake of
brevity, facts of WPMS No. 893 of 2023 are being
considered.
By means of this writ petition, petitioner
has sought the following relief:-
(i) Issue a writ, order or direction in the nature of
certiorari to call for the record of case and to quash
the eviction proceedings initiated pursuant to
impugned notice dated 21.12.2022 and 14.03.2023.
(ii) Issue a writ, order or direction in the nature of
mandamus commanding the Respondents not to
proceed any further with the eviction drive initiated
pursuant to the notice dated 21.12.2022 and
14.03.2023 and to allow the Petitioner to stay in
dwelling house peacefully. (Annexure No. 9).
According to petitioners, they were allotted
'Khanti land' in Village Shaktifarm, Tehsil
Sitarganj, District Udham Singh Nagar several
decades ago and they have constructed PUCCA
houses over the allotted land where they are
residing. Petitioners are aggrieved by the notice
issued by Local Administration, whereby they
have been asked to vacate the premises by
holding it to be public premises.
Mr. Sanjay Bhatt, learned counsel
appearing for the petitioners contends that
petitioners are residing in the house, constructed
over the land in question, since last several
decades and Electricity & Water Connections
have been given to them at the same address
and they are also paying property tax to the
concerned Municipality. He further contends that
School Management Committee has asked the
petitioners to remove their structure within ten
days, failing which the structure shall be
demolished at their costs and expenses.
This, according to petitioners, is unjust, as
petitioners are denied opportunity of hearing
while passing impugned order.
Learned State Counsel, however, points out
that petitioners are encroachers upon public land
and possession, howsoever old, does not create
any right in favour of them. He further submits
that land has been duly earmarked by the
Revenue Authorities and land is recorded in the
name of Government Primary School, Shaktifarm
Khas, therefore, the School Management
Committee of the concerned School was justified
in asking the petitioners to vacate the land in
question.
Since by the impugned notice, petitioners
have been asked to vacate the premises in
question and no opportunity of hearing has been
given to them, therefore, the writ petitions are
disposed of by permitting petitioners to submit
reply to the impugned notice to the Sub-
Divisional Magistrate concerned, within ten days
from today. It shall be open to the petitioners to
enclose all documents in support of their claim
that they are having title and possession over
the land in question. If petitioners make such
reply within stipulated time, Sub-Divisional
Magistrate shall take decision in the matter and
pass appropriate order, as per law, within two
weeks thereafter. For a period of four weeks,
status quo existing as on today over the land
question, shall be maintained.
(Manoj Kumar Tiwari, J.)
29.03.2023
Aswal
