High CourtsSingle Bench(2021) 11 UK CK 0222

Pooran Singh & Others vs Tehsildar, Tehsil Laksar District Haridwar & Others

Uttarakhand High Court · Decided on 1 November 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2394 Of 2021

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Judgment

9 paragraphs · 231 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties.

2.

By means of this writ petition, petitioners have sought the following relief:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere of the peaceful possession in the property in question which is bearing khasra no. 1kha, 22 and 48 total area 3.8952 hect. of the petitioners."

3.

In sum and substance, case of the petitioner is that, the Tehsildar is unauthorizedly constructing a chak road over the plots belonging to the petitioners.

4.

Since no instructions were supplied to Standing Counsel by the concerned revenue authorities despite several opportunities, therefore, vide order dated 26.11.2021, Tehsildar Laksar was asked to remain personally present before this Court with entire record.

5.

Today, Mr. Mukesh Chand Ramola, Tehsildar, Laksar, District Haridwar is present before this Court. He filed a short counter affidavit, which is taken on record. The Tehsildar has made a statement that no road is being constructed over the plots belonging to the petitioners by the revenue authorities. Thus according to him, the apprehension raised by the petitioners in the writ petition is unfounded.

6.

In view of the statement made by Tehsildar, Laksar, the relief claimed in the writ petition, does not survive.

7.

Accordingly, writ petition is disposed of by taking the statement made by Tehsildar Laksar on record.