Decided on September 12,2012

Fakhruddin And Others Appellant
State of Uttarakhand and another Respondents


- (1.) Having heard learned counsel for the parties, it transpires that applicants were allottees of land bearing Khasra No. 190 and 191, admeasuring 0.870 hectare and 0.170 hectare respectively located in village Brahmanwala, Niranjanpur, Pargana Central Doon, Tehsil and District Dehradun. The impugned FIR was lodged on 27.03.2012 against the applicants by respondent no. 2 Suman Dev, who was working as Safai Nayak in Nagar Nigam, Dehradun. Allegations in the FIR are that respondent no. 2 has seen the applicants dismantling some pillars, which were raised by Nagar Nigam on the aforesaid land. He informed about this incident to Senior Health Officer, Nagar Nigam whereupon he along with Chief Town Officer went to spot and found the incident true. Then they directed the respondent no. 2 to lodge report against the culprits that applicants resisted the government officials and intimidating and stunting them from doing government duty. Pursuant to the FIR, the matter was investigated, which culminated into submission of chargesheet against the applicants and one more person for the offences under Section 147, 332, 504, 427 IPC.
(2.) Learned counsel for the applicants argued that pertaining to the said land they had filed a civil suit no. 39 of 2003 titled as Kasim Vs. Nagar Nigam in the court of learned Additional Civil Judge (Junior Division), Dehradun and the learned Magistrate decreed their suit prohibiting Nagar Nigam / State Government not to eject the applicants on the strength of force. This decree of Civil Judge (Junior Division) was partly set aside by Additional District Judge, Dehradun in civil appeal no. 79 of 2010 filed by Nagar Nigam, Dehradun and allotment & possession of applicants over Khasra No. 191 admeasuring 0.170 hectares was not found valid.
(3.) Nagar Nigam also filed a Second Appeal No. 61 of 2012 before this High Court wherein three questions of law to be adjudicated were determined, which reads thus: "1. Whether the claim of the plaintiff could be decreed without the presence of a necessary party, namely, the Gaon Sabha, who according to the plaintiff was the ostensible owner of the land 2. Whether the land in question stood divested to the defendant / appellant Nagar Nigam Dehradun by virtue of the notification dated 02.06.1999 under Section 126 of the Municipal Corporation Act, 1959 3. Whether in spite of divesting of the land in favour of the Municipal Corporation, the plaintiff's right as a valid allottee pursuant to the resolution of the Gaon Sabha remained intact -;

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