Noor Hasan vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

DELAY CONDONATION APPLICATION (IA No. 02 of 2021)

By this application, the appellant seeks condonation of delay of 89 days in filing the present Special Appeal.

The respondents fairly do not oppose the application to seek condonation of delay of 89 days in filing the present Special Appeal.

For the reasons stated in the application, the same is allowed. Delay caused in filing the present Special Appeal is, hereby, condoned.

SPECIAL APPEAL No. 06 OF 2021

The present Special Appeal is directed against the order dated 01.09.2020 passed by the learned Single Judge in Writ Petition (M/S) No. 1426 of 2020, whereby the learned Single Judge has dismissed the Writ Petition preferred by the appellant.

The appellant had sought the following reliefs in the Writ Petition :-

“(i) issue a writ, order or direction in the nature of mandamus, directing to decide the representation to the respondent nos. 2 & 3 for remove the illegal encroachment being done by other persons over the manure pits situated in khasra no. 622, Bhangedi Mahavatpur Mustkham, Pargana & Tehsil Roorkee, District- Haridwar.

(ii) Issue a writ, order or directing the respondents to direct the measurement and give the possession to the petitioner, and also further directing the respondents to take legal and necessary action upon the pending representation of the petitioner.”

The learned Single Judge has dismissed the Writ Petition, since the appellant was primarily seeking removal of alleged encroachment on Khasra No. 622, Bhangedi Mahavatpur Mustkham, Pargana & Tehsil Roorkee, District Haridwar, and possession thereof.

The submission of the learned counsel for the appellant is that the appellant had sought a direction to the respondents to measure the land in question, apart from seeking the relief of possession. Even if the relief of possession could not be granted, the respondent-authorities could be directed to carry out the measurement.

The appellant filed, along with the Writ Petition, an application made by him to the SDM on 17.06.2020, wherein the appellant had requested for measurement of the land in Khasra No. 622, Bhangedi Mahavatpur Mustkham, Pargana & Tehsil Roorkee, District Haridwar. The copy of the said application has been placed on record. On the said application, the SDM concerned had endorsed his noting on the same day, issuing a direction to the SHO/Tehsildar to have the land measured, and, in case it is found that any unauthorized occupation is being undertaken, then to stop the same.

Learned counsel for the appellant submits that the said order has not been implemented by the SHO/Tehsildar till date.

Considering the heavy emphasis laid by the appellant in the prayers made in the Writ Petition for possession, we do not find any infirmity in the impugned order. At the same time, since the appellant also sought a direction for measurement, which we find had been ordered by the SDM on 17.06.2020, and according to the appellant, the same has not been implemented yet, we dispose of this Special Appeal with a direction to the respondent-authorities to comply with the order dated 17.06.2020 passed by the SDM on the appellant’s application of the same date, if not already complied with.

The Special Appeal stands disposed of in the aforesaid terms.

In sequel thereto, pending application, if any, also stands disposed of.