WPMS/1297/2020 of SUMER CHAND Vs STATE OF UTTARAKHAND
Parties
- WPMS/1297/2020 of SUMER CHAND (PETITIONER)
- STATE OF UTTARAKHAND (RESPONDENT)
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WPMS No. 1297 of 2020
Mr. Bhupesh Kandpal, Advocate for the
petitioner.
Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.
Mr. Rahul Consul, Advocate for respondent no.2.
Heard learned counsel for the parties through video conferencing.
Learned counsel for the petitioner submits that the land in question is Bhumidari land of the petitioner and it was never part of Tea Estate, therefore, the bar under Section 132 of UPZA&LR Act would not be attracted to the said land.
After arguing for while, learned counsel for
the petitioner confines his prayer and submits that petitioner be permitted to make representation to the Competent Authority, who may be directed to take decision in the matter at the earliest.
Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to the Secretary, Housing Development Department, Government of Uttarakhand within three days from today. If such representation is made within stipulated time, the Secretary shall look into the matter and take appropriate decision, in accordance with law, within period of three weeks from the date of receipt of representation alongwith certified copy of this order. Let certified copy of this order be issued today itself.
(Manoj K. Tiwari, J.)
Navin
12.10.2020