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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties through video conferencing.
Petitioner has challenged the order dated 11.02.2021 passed by Sub Divisional Magistrate, Bazpur, District Udham Singh Nagar. Perusal of the said
order indicates that it has been passed in compliance of directions issued by Division Bench of this Court in Writ Petition (PIL) No.59 of 2016. In the
said Public Interest Litigation, directions were issued to get all the encroachments upon water body land removed.
Learned counsel for the petitioner submits that petitioner has not encroached upon land belonging to water bodies. He further submits that
petitioner’s house is situated over Khasra No.827/2 and not over Khasra no.827/1.
Whether petitioner’s house is constructed over water body land or over Khasra No.827/1 is a question of fact, which cannot be decided in a
writ petition. Thus, there is no scope for interference in the matter. Accordingly, the writ petition is disposed of with liberty to the petitioner to
approach the appropriate forum for redressal of his grievance.
Pending application, if any, also stands disposed of accordingly.