Chand Mohammad vs State Of Uttarakhand & Others

Sanjaya Kumar Mishra, J

1) Heard the learned counsel for the parties.

2) This Writ Petition has been filed by the petitioner for issuance of a writ of certiorari with the following prayers :-

i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 14.07.2015, passed by respondent No. 3.

ii) Issue any suitable order or direction of any nature which this Hon’ble Court may deem fit and proper in the present circumstances of the case

iii) Award the cost of the writ petition in favour of the petitioner.

3) It is apparent from the records that on the basis of the order passed by this Court on 22.05.2015, in Writ Petition (PIL) No. 183 of 2014 (Bhawani Ram Vs State of Uttarakhand & others), a proceeding was initiated against the present petitioner by the Sub Divisional Magistrate, Nainital. After affording reasonable opportunity of hearing, the learned Sub Divisional Magistrate has passed the order to the effect that the petitioner has encroached four meters of land which is recorded in the revenue records as Nala (water channel).

4) We have carefully gone through the impugned order and the writ petition filed by the petitioner. We do not find any material irregularity in the order passed by the learned Sub Divisional Magistrate, Nainital.

5) Moreover, in a certiorari proceedings, it is not incumbent on the part of the High Court to enter into the facts and re-assess the facts of the case to pass an order. This is not a fit case to interfere to quash the order impugned.

6) Hence, the writ petition is devoid of any merit, and is hereby dismissed. Interim order dated 28.07.2015 stands vacated.