High CourtsDivision Bench(2023) 08 UK CK 0176

Gurnveet Singh vs District Magistrate Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 28 August 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
CASE NUMBER
Writ Petition (M/S) No. 1793 Of 2022

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Judgment

8 paragraphs · 186 words

Vipin Sanghi, CJ

1) Counter-affidavit has been filed on behalf of respondent Nos. 1, 2 and 3.

2) Counsel for respondent No. 4 is also present.

3) Learned counsel for the petitioner submits that in the light of the counter-affidavit filed by respondent Nos. 1 to 3, and on account of the order passed by this Court on 01.08.2022, the carving out of plots, and change of user of the agricultural land, without permission, has stopped.

4) Counsel for respondent No. 4 submits that respondent No. 4 is the bhumidhar of the land, and he is entitled to till the land.

5) There is no embargo against respondent No. 4 using the land for agricultural purposes. However, in case respondent No. 4 desires to change the usage of the land for any other purpose, including for group housing purpose, he shall do so only after obtaining prior written permission of concerned authorities, and not without it.

6) We dispose of this petition with the aforesaid direction.

7) The respondent authority shall ensure the compliance of our earlier order dated 01.08.2022, as well as the present order.