Anita Kandwal vs State Of Uttarakhand And Another

Pankaj Purohit, J

This C528 application has been filed by the applicant challenging the order dated 27.10.2025, passed by learned Ist Additional Sessions Judge, Rishikesh, Dehradun in Criminal Revision No.43 of 2025, Anita Kandwal Vs. State of Uttarakhand, whereby the revision petition was rejected and the orders passed by learned Sub-Divisional Magistrate dated 20.01.2017 and 11.06.2024 were affirmed.

It is contended by learned Senior Advocate for the applicant that way back in the year 1950 a large chunk of land i.e., 2866 acres, was leased out to Pashulok Seva Samiti (a society), Rishikesh, for the purpose of allotting it to the landless poor families of the area. Subsequently the aforesaid land allotment to the Pashulok Seva Samiti was withdrawn by the Forest Department of the erstwhile State of Uttar Pradesh on 23.10.1984. The father of respondent no.3 - Tek Chand filed an Original Suit No.73 of 1977, Pyaare Lal Vs. Bhag Mal and others, in the court of learned Civil Judge, Rishikesh, (Pyaar Lal was father of Tek Chand). The suit was decreed on 24.11.1983 on the basis of a compromise entered into between the predecessors of Tek Chand and Bhag Mal. A decree of mandatory injunction was issued for delivering possession to the predecessors of respondent no.3. The execution application was filed on 23.11.1984 and was finally decided and a possession was handed-over to the respondent no.3.

In between the entire land was taken back by the "surrender deed" by the respondent-State through Forest Department.

The applicant has come in possession in the year 2001 over the self same land which resulted into filing of an application by respondent no.3 under Section 145 of Cr.P.C. before the learned Sub-Divisional Magistrate, Rishikesh, Dehradun. On 30.08.2006 subsequently, the proceeding has been withdrawn by the respondent no.3 on being aware by the fact that the land has already been taken back by the State Government through the "surrender deed" on 17.10.2023 (annexure no.18); however a liberty was given to the applicant to approach the Sub-Divisional Magistrate concerned.

Now the applicant has challenged the order dated 20.01.2017 and 11.06.2024 along with order passed in the revision petition i.e., order dated 27.10.2025, passed by learned Ist Additional Sessions Judge, Rishikesh, Dehradun, whereby the applicant was directed to vacate the property by the Sub-Divisional Magistrate with the help of Police force which order was finally affirmed by Revisional Court.

Having heard learned counsel for the parties and having gone through the entire material available on record, this Court is of the view that since the applicant has encroached upon the land in the year 2001 and it was land of the State Government, which had already been reverted back to the State Government through Forest Department in the year 1984 and the applicant has got no right to be on the aforesaid land.

Accordingly the C528 application stands rejected.