A division judge bench of the Justice Vipin Sanghi and R.C. Khulbe of Uttarakhand HC has held that any dispute regarding the title of the land can only be adjudicated in a civil court and leave it open to the petitioner to approach the civil court to have his title disputes settled.
Facts:
The submission of the petitioner in this case is that he was served by the notice dates 01.10.2022, which is impugned in the present petition, against which he sent a representation to the District Magistrate, Dehradun, requiring that the matter be investigated before demolition is undertaken, as the petitioner claims that he is in lawful occupation of the premises, which he claims to own by virtue of a registered gift deed. Further, the petitioner submitted that that the respondents may only examine the position on record on their own before proceeding to carry out demolition.
Observations of the Court:
The court at the outset have made it clear to the petitioner that this Court is not going to examine the title of the petitioner as such disputes can only be adjudicated in a civil court. They directed the respondents to examine – whether the land in question falls in Khata No. 100, Khasra No. 277r, in village Danda Lakhor, Pargana Parwadoon, Dehradun, and, if so, whether the title to the same belongs to the petitioner, or not? If the respondents are satisfied that the petitioner is an encroacher, they shall be entitled to proceed in the matter in terms of the notice issued to the petitioner. The leeway was granted to the petitioner to approach the civil court to have his title disputes settled.
Decision:
The present writ petition was disposed by granting leave to the petitioner to approach the civil court to have his title disputes settled and directed the respondent to examine and satisfy themselves whether the petitioner is encroacher or not?
Case: Firoz Ali vs District Magistrate, Dehradun and another
Citation: WRIT PETITION (M/S) NO. 2513 OF 2022
Coram: Justice Vipin Sanghi and R.C. Khulbe
Dated: 18.10.2022
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