SPA/150/2013 of Varish Ahmad AND OTHERS Vs State Of Uttarakhand AND OTHERS
Parties
- Varish Ahmad and others (PETITIONER)
- State of Uttarakhand and others (RESPONDENT)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 150 of 2013
Varish Ahmad and others
………….. Appellants
Versus
State of Uttarakhand and others
.…………. Respondents
Present: Mr. Lok Pal Singh, Advocate for the appellants. Mr. Vinay Kumar, Standing Counsel for the State/respondent Nos. 1 to 3. Mr. Vinay Kumar, Standing Counsel for the State/respondent Nos. 1 to 3.
Mr. Siddhartha Singh, Advocate for respondent Nos. 4 and 5.
Coram: Hon’ble Barin Ghosh, C.J.Hon’ble Servesh Kumar Gupta, J.
BARIN GHOSH, C.J. (Oral)
No partition suit has been filed as yet, construction is proposed on joint property and the Magistrate has permitted police assistance for effecting such construction. It is settled in law that tenants in common are entitled to their share in every square inch of land, of which they are tenants in common. We, accordingly, stay construction and direct the S.D.M. to recall the police force that he has permitted to be deployed for the construction in question. Let the writ petition be heard after affidavits are filed. In the event, it transpires, in course of hearing the writ petition that respondent Nos. 4 and 5 herein have exclusive right on the land, on which construction is being made, it shall be open to the writ court to direct the appellants herein not to interfere with such construction.
2. With the directions as above, the appeal is disposed of.
(Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.)
14.08.2013 14.08.2013
P. Singh