Uttarakhand High Court
WPMS/3132/2024 on 18 November, 2024
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2024:UHC:8614
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGE'S ORDERS
No. directions and
Registrar's order
with Signatures
18.11.2024 WPMS No. 3132 of 2024
Hon'ble Vivek Bharti Sharma, J.
Mr. Lokendra Dobhal, counsel for the
petitioner.
2. Mr. Yogesh Chandra Tiwari, Standing
Counsel for the State.
3. By means of this writ petition, petitioner
seeks the following relief:-
"(i) Issue a writ, order or direction in the nature of
certiorari quashing the notice dated 01.08.2008
issued by respondent no.2 (Annexure No.1),
judgment and order dated 17.12.2022 passed by
respondent no.2 against the petitioner (Annexure
No.4) and order dated 20.07.2024 passed by
District Judge, Tehri Garhwal (Annexure No.5).
(ii)Issue a writ, order or direction in the nature of
mandamus directing the respondents not to evict
petitioner from the land/house in Khatuni Khata
No.1/100, khasra no.9/4 M, area 0.005 hec.,
situated at Village Shankro, Patti Chauras, Tehsil
Kirti Nagar, District Tehri Garhwal,
Uttarakhand."
4. Eviction proceedings were initiated against
the petitioner under provisions of U.P. Public
Premises (Eviction of Unauthorised Occupants)
Act, 1972 by issuing a notice u/s 4(1) of the Act.
Said notice was duly served upon the petitioner
against which petitioner did file a reply, however,
he did not participate in the proceedings before
Prescribed Authority after filing reply. Learned
Prescribed Authority ordered for petitioner's
eviction from the land in question by holding that
he is in unauthorised occupation of public
premises.
5. Being aggrieved, petitioner filed an appeal,
which too has been dismissed by the District
Judge, Tehri Garhwal.
6. Learned Prescribed Authority has dealt with
the said defence and held that since petitioner
does not have title over the land in question,
therefore, he cannot claim any right, merely on the
basis of long possession. This order of learned
Prescribed Authority has been affirmed by the
learned Appellate Authority.
2024:UHC:8614
7. This Court does not find any reason to
interfere with the judgment and order passed by
learned Prescribed Authority as well as Appellate
Authority.
8. At this stage, learned counsel for the
petitioner would submit that in identical matters,
two different Coordinate Benches of this Court,
vide orders dated 24.09.2022 and 08.12.2023
passed in WPMS No.2356 of 2022 and WPMS
No.3145 of 2023, have granted permission to the
similarly situate persons to make
application/representation before the Competent
Authority and the Competent Authority, in turn,
was directed to take decision on said application
within three months thereafter.
9. Learned counsel would pray that similar
order be passed in the present petition also. He
confines his prayer to the above extent only.
10. Learned Standing Counsel would submit
that he has no objection to the same.
11. In view of the above, without expressing
any opinion on petitioner's claim for
regularisation, writ petition is disposed of by
permitting the petitioner to make application for
regularisation of her unauthorised occupation, if
permissible in any Government Policy, within 15
days from today. If such application is made
within the stipulated time, decision thereupon
shall be taken within two months thereafter.
12. For a period of two months or till decision
on petitioner's application, whichever is earlier,
petitioner shall not be dispossessed from the land
in question. However, if the application of the
petitioner is rejected, petitioner will vacate the
property in dispute.
(Vivek Bharti Sharma, J.)
18.11.2024
Mamta
MA
MTA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=9f3ef5e40c7881302fcda45af446d3419e6
d6e990fbd25a59bdb957bba484d0d,
postalCode=263001, st=UTTARAKHAND,
serialNumber=5DE1751A4F1D9CABFD54852C9E6
8911CA8B66DD26690A191648AB5D8DD004EF0,
cn=MAMTA RANI
Date: 2024.11.20 15:35:31 +05'30'
RANI
2024:UHC:8614
