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Judgment
Vipin Sanghi, CJ
1) The petitioner has preferred the present writ petition to seek the following reliefs:
“i) A writ, order or direction in the nature of certiorari quashing the impugned notice dated 15.07.2022 issued by the office of learned Prescribed Officer (Ceiling) (Contained as Annexure 6 to this petition) so far as the present petitioner is concerned as the same does not relate to the land owned by the petitioner i.e. khasra No ) without following the due process of law.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent State to not to interfere in the peaceful possession of the petitioner over the land in question.”
2) The case of the petitioner is that the petitioner has purchased the land in question on 03.06.2022 from the erstwhile owner. Petitioner states that action has been taken in respect of the land acquired by the petitioner having the following description:
विवरण भूमि –
भूमि खाता संख्या 142 (फसली वर्श 1399 से 1404) भूमि खसरा संख्या –
1586 रकबा 0.0390 हैक्टेयर यानि 389.59 वर्गमीटर स्थित मौजा रायपुर,
परगना परवादून, तहसील व जिला देहरादून/
- due to the reason that this Court had passed orders in Writ Petition (PIL) No. 88 of 2022, on 07.07.2022, directing the Sub Registrar, Dehradun, not to register any sale deed or any instrument in respect of the land which has been declared surplus.
3) The petitioner submits that notice has been issued in the name of the petitioner’s predecessor-in-interest on 15.07.2022. However, the petitioner is not allowed to defend the said notice. The petitioner has placed on record the order passed by us in Writ Petition (M/S) No. 1933 of 2022 and Writ Petition (M/S) No. 1934 of 2022, on 18.08.2022. In similar circumstances, we granted liberty to the petitioner in that case to respond to the impugned show cause notices. We directed the respondents to grant a hearing to the petitioners before taking a decision in the matter.
4) We dispose of the present petition in terms of our order dated 18.08.2022, in Writ Petition (M/S) No. 1933 of 2022 and Writ Petition (M/S) No. 1934 of 2022, on 18.08.2022. Accordingly, the petitioner would be entitled to respond to the show cause notice dated 15.07.2022, and after hearing the petitioner, the same may be finalised. We make it clear that we have not expressed any view on the merits of the issue raised by the petitioner.
5) Writ petition stands disposed of in the aforesaid terms.
6) Stay Application (IA No. 01 of 2022) also stands disposed of.