Uttarakhand High Court
Unknown vs Mr. Sharad Sharma on 24 July, 2014
Author: Alok Singh
Bench: Alok Singh
WPMS NO. 1710 of 2014 Hon'ble Alok Singh, J.
Mr. Sharad Sharma, Senior Advocate assisted by Ms. Vandana Singh, Advocate for the petitioner.
Mr. S.S. Chauhan, Deputy Advocate General for the State/respondent Nos. 1 & 2.
Mr. Sharad Sharma, learned senior counsel appearing for the petitioner submits that factory of the petitioner is standing over a land consisting of Khasra Nos. 101/1, 107/2, 227 and 228; Tehsildar Bajpur has issued order dated 16.07.2014 (Annexure No. 1 to the writ petition) directing the petitioner to vacate the land consisting of Khasra No. 107 belonging to Gram Sabha. He further contends that without initiating proceedings under Section 122-B of the UPZA&LR Act, petitioner cannot be evicted forcefully; petitioner shall be moving appropriate application for exchange of the land preferably within three weeks from today.
Issue notice to respondent No. 3 by registered post AD in addition to normal mode of service, returnable within three weeks.
Mr. S.S. Chauhan, learned Deputy Advocate General appearing for the respondent nos. 1 & 2 seeks and is granted three weeks' time to file counter affidavit.
In the peculiar facts and circumstances of the case, it is directed that petitioner shall not be evicted from the property, in question, without adopting due process of law.
Meanwhile, status quo shall be maintained.
CLMA No. 7938 of 2014stands disposed of.
(Alok Singh, J.) 24.07.2014 Deepak