Uttarakhand High Court
WPMS/1193/2022 on 10 June, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPMS No.1193 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Nagesh Aggarwal, Advocate for the petitioner.
Mr. Yogesh Pandey, Addl. C.S.C. for the State of Uttarakhand.
The grievance of the petitioner in the present writ petition is as against the alleged unauthorized occupancy of the private respondents of the land lying in Chak Road of Gata No.68 of Village Bahawpur, Chhanga Majhri, Pargana Tehsil Bhagwanpur, District Haridwar, which is alleged by the petitioner, that the same has been illegally occupied by the private respondent nos.4 to 9.
No writ of mandamus, as such could be issued for the purposes of resolving the private dispute inter-se between the parties, which has to be agitated by the parties before the fact finding competent courts created under law, which entails an appreciation of evidence, which could be decided only after providing an opportunity to the private respondents. But simultaneously the petitioner has also agitated his grievances and which is admitted to that the land, which is alleged to have been occupied by the private respondents is a land, which has been notified under Section 117 of the U.P. Zamindari Abolition & Land Reforms Act 1950 (hereinafter to be referred as ZA&LR Act) vested with the Gaon Sabha and it is because of the that reason the notice by way of Form 49 Ka, has been issued against the private respondents and the proceedings under Section 122-B by way of Case No.6 of 2017-2018, had been initiated, against the unauthorized occupants, which is alleged by the petitioner, that the same is pending consideration ever since then.
Since no writ of mandamus would lie for issuing any direction to evict a private person allegedly unauthorizedly occupying of land belonging to the Gaon Sabha, coupled with the fact that the proceedings at the behest of Gaon Sabha is already pending consideration before competent court under Section 122-B of ZA & LR Act. The writ petition qua the relief sought by the petitioner would not be tenable under Article 226 of the Constitution of India.
Hence, while dismissing the writ petition, it would be apt to direct the S.D.M./Tehsildar- respondent no.3, herein to decide the proceedings, which are pending under Section 122-B of the ZA & LR Act, by way of Case No.6 of 2017-2018, as expeditiously as possible, but not later than six months from the date of production of certified copy of this order.
Subject to the aforesaid exceptions, the writ petition stands dismissed.
(Sharad Kumar Sharma, J.) 10.06.2022 Arti