RAIS AHMAD Vs. STATE OF UTTARAKHAND THROUGH SECRETARY
LAWS(UTN)-2013-6-90
HIGH COURT OF UTTARAKHAND
Decided on June 13,2013

RAIS AHMAD Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH SECRETARY Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) SINCE the petitioner has failed to take steps with correct particulars for respondent Nos. 5 and 6, as such, for last two years, they could not be served.
(2.) HEARD .
(3.) BY means of this writ petition filed in the form of Public Interest Litigation, the petitioner has made following prayers: - (a) Issue a writ order or direction in the nature mandamus commanding the respondents No. 1 to 4, to stop the respondents No.5 and 6 from raising any construction or making any encroachment over the piece of land measuring about 0.028 hectare, bearing Khasra No. 739 (Old Khasra No. 614/2) situated at Village Sarberkhera Tehsil Kashipur District U.S.Nagar, which is bounded and butted as under: - East - Plot bearing Khasra No. 1340 (Old Khasra No. 613) (M/s Agarwal Petrol Pump) West - Plot bearing Khasra No. 738 (Old Khasra No. 614/3) (Government Canal) North - Khatima - Panipat High Way (thereafter Mandi Samiti) South - Plot bearing Khasra No. 740 (Bhoomidhari Land of category 1 (A) of Mrs. Rekha Rani and Rashmi Rani. (b) Issue a writ order or direction in the nature mandamus commanding the respondents No.1 to 4 to remove the construction raised by the respondents No. 5 and 6 over the piece of land measuring about 0.028 hectare, bearing Khasra No. 739 (Old Khasra No. 614/2) situated at Village Sarberkhera Tehsil Kashipur District U.S.Nagar, which is bounded and butted as under: - East - Plot bearing Khasra No. 1340 (Old Khasra No. 613) (M/s Agarwal Petrol Pump) West - Plot bearing Khasra No. 738 (Old Khasra No. 614/3) (Government Canal) North - Khatima - Panipat High Way (thereafter Mandi Samiti) South - Plot bearing Khasra No. 740 (Bhoomidhari Land of category 1 (A) of Mrs. Rekha Rani and Rashmi Rani. (c) Any other order which this Honble Court may deem fit and proper may kindly be awarded in favour of the petitioner and against the respondents. (d) Cost of the petition may kindly be awarded in favour of the petitioner and against the respondents. In substance the petitioner has sought removal of alleged encroachment made by the respondent Nos. 5 and 6 over Khasra No. 739 (Old Khasra No. 614/2) of Village Sarberkhera Tehsil Kashipur, District Udham Singh Nagar. A counter affidavit has been filed on behalf of the respondent No.4 and Tehsildaar of the area who has stated in para -10 that respondent Nos. 5 and 6 have raised construction over their Bhoomidhari land of Khasra No. 1340 -3 (M) and no encroachment has been made by them on the public land bearing Khasra No. 739. It is further stated in the counter affidavit that the Tehsildaar has made personally spot inspection relating to alleged construction raised by the respondent Nos.;


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