SWAMI SUNDER SINGH AND ANOTHER Vs. LANDOUR CANTONMENT BOARD MUSSOORIE AND TWO OTHERS
LAWS(UTN)-2012-12-146
HIGH COURT OF UTTARAKHAND
Decided on December 18,2012

Swami Sunder Singh And Another Appellant
VERSUS
Landour Cantonment Board Mussoorie And Two Others Respondents

JUDGEMENT

- (1.) By means of this writ petition, the petitioners have sought the following reliefs:- i) Send for the records of MCA No. 76/2012 Swami Sunder Singh and another Vs. Landour Cantt. And others from the court of learned District and Sessions Judge, Dehradun and O.S. No. 143/2012 Swami Sunder Singh and another Vs. Landour Cantt. And others from the Court lof learned Civil Judge (Senior Division) Dehradun. ii) Issue a writ of certiorari and/or a writ in the nature of certiorari or any other appropriate writ/order/direction quashing and setting aside the impugned order dated 25 th July 2012 passed by the Court of learned District and Sessions Judge Dehradun bearing MCA No. 76/2012 Swami Sunder Singh Vs. Landhour Cantt. and others (Annexure 12). iii) Issue a writ of certiorari and/or a writ in the nature of certiorari or any other appropriate writ/order/direction quashing and setting aside the impugned order dated 28 th May 2012 passed by the Court of learned Civil Judge (Senior Division) Dehradun in O.S. No. 143 of 2012, Swami Sunder Singh and another Vs. Landour Cantt. and others (Annexure 11) and allow the application for interim relief (Annexure 8) moved by the petitioners-plaintiffs and restrain the respondents from demolishing the property of the petitioners situated on Survey No. 49. iv) Graciously be pleased to pass any such other relief or reliefs as this Hon'ble Court may deem just and proper in the circumstances of this case. v) Award the cost of the petition to the petitioners against the respondent.
(2.) Briefly stated the facts giving rise to the present writ petition, according to the petitioners, are that the plaintiffpetitioners are the owners of the property known as Lancer Lodge, situated at Cantonment Survey No. 49, Landour Cantt. Mussoorie, District Dehradun; that the said property was purchased by them by registered sale deed dated 22-11-1988, wherein a society named Himalayan Inland Mission Society runs an orphanage in the name of HIM Hostel and that presently 34 orphans reside therein; that the plaintiff-petitioner no. 1 is the Secretary of the said society and that the said orphanage is being run in the aforesaid property since before to the date of purchase of the property in suit.
(3.) That in the year 2009, Pushta of the said property had fallen down, which was got repaired by the petitioners and that as per provisions of Section 235 of the Cantonments Act, 2006 (for short the Act), before repairing the said Pushta, the plaintiffpetitioners issued a notice to the respondent no.2-Chief Executive Officer, Landour Cantonment Board, Mussoorie on 21-4- 2009,which was served upon him; that the plaintiff-petitioner no. 1 received a notice dated 19-8-2010 under Section 248(2) of the Act, issued by the respondent no.2, wherein directions for getting the disputed property demolished were given; that the plaintiffpetitioner no. 1 approached the office of the respondent no.1 and informed that no construction was raised by the plaintiff in Survey No. 48; that no action was taken by the respondents in pursuance of the said notice as per their assurance given to the plaintiffs; that thereafter another notice dated 1-3-2011 was issued by the respondent no.2 under Section 320 read with Section 237 of the Act in continuation of the earlier notice dated 19-8-2010; that the plaintiff no.1 gave reply to the said notice on 20-3-2011 stating therein that the notices were given to him regarding unauthorized construction being carried out in Survey No. 48, while the plaintiff no.1 is the owner of property situate in Survey No. 49; that thereafter the defendant-respondents published a general notice in the newspaper "Mussoorie Times" 13 th May 2012 Edition threatening therein that the defendants shall get the premises demolished at any time in respect of which notices were issued under Section 320 of the Act; that the plaintiff-petitioner were under apprehension that their property would be demolished by the respondent nos. 1 and 2, hence the suit for injunction was filed, which was registered as O.S. No. 143 of 2012. Along with the suit, the plaintiff-petitioners moved an application for grant of temporary injunction (paper no. 6C2) praying therein to restrain the defendant-respondents no. 1 and 2 from demolishing the suit property.;


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