WPMS/223/2022 of NAUSHAD ALI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

Writ Petition (M/S) No. 223 of 2022

Naushad Ali

……………...Petitioner

-Versus-

State of Uttarakhand & Others

….….…...Respondents

Present: Mr. Mohd Safdar, learned counsel for the petitioner.

Mr. V.D. Bisen, learned Brief Holder for the State of Uttarakhand/respondent no. 1 to 5. Mr. Lalit Miglani, learned counsel for the respondent no. 6. Mr. Lalit Miglani, learned counsel for the respondent no. 6.

Date of Hearing and Order: 29.09.2022

Sri Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel for the parties, the Court has passed the following order:-

1.By filing this writ petition, the petitioner has prayed for the following reliefs:- the following reliefs:-

a.To Issue writ, order or direction in the nature of Mandamus directing and commanding the respondents to take appropriate and suitable action on the representation of the petitioner and to carry out the work of digging and maintenance of the Johad/Pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and further to construct To Issue writ, order or direction in the nature of Mandamus directing and commanding the respondents to take appropriate and suitable action on the representation of the petitioner and to carry out the work of digging and maintenance of the Johad/Pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and further to construct

the Drainage (Nala) from the said pond for which the land was allotted by the consolidation department.

b.To issue writ, order or direction in the nature of Mandamus directing and commanding the respondents to take suitable action for removal of the illegal encroachment over the land of Johad/Pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and illegal encroachment over the land prescribed for drainage/nala from the said pond. Mandamus directing and commanding the respondents to take suitable action for removal of the illegal encroachment over the land of Johad/Pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and illegal encroachment over the land prescribed for drainage/nala from the said pond.

c.To issue writ, order or direction in the nature of Mandamus directing and commanding the respondents to grant suitable compensation to the petitioner on account of losses of agricultural crops due to flow of excess water of Johad towards land of petitioner. To issue writ, order or direction in the nature of Mandamus directing and commanding the respondents to grant suitable compensation to the petitioner on account of losses of agricultural crops due to flow of excess water of Johad towards land of petitioner.

d.To issue such other suitable writ, order or direction which this Hon’ble Court may deem fit and proper. which this Hon’ble Court may deem fit and proper.

2.The petitioner has prayed for redressal of his grievances arising out of encroachment of land by private individuals, especially the Johad/pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and to further direct the Authorities to construct the drainage (Nala) from the said pond. arising out of encroachment of land by private individuals, especially the Johad/pond situated over Khasra No. 841 of Village Padli Gujar, District Haridwar and to further direct the Authorities to construct the drainage (Nala) from the said pond.

3.The grievance of the petitioner is that because of encroachment of the land of Johad/pond, in rainy season, water is overflowing through his agricultural land and damaging the entire crops. He is suffering from heavy economic loss. In this connection, he has already made representation to the learned District Magistrate, Haridwar, but the same has not been considered. encroachment of the land of Johad/pond, in rainy season, water is overflowing through his agricultural land and damaging the entire crops. He is suffering from heavy economic loss. In this connection, he has already made representation to the learned District Magistrate, Haridwar, but the same has not been considered.

4.In that view of the matter, the writ petition is disposed of directing the respondent no. 2 to consider the representation filed by the petitioner and take decision thereon by speaking and reasoned order after affording reasonable opportunity of hearing to the petitioner within period of 16 days from production of certified directing the respondent no. 2 to consider the representation filed by the petitioner and take decision thereon by speaking and reasoned order after affording reasonable opportunity of hearing to the petitioner within period of 16 days from production of certified

copy of this order along with the copy of the brief. Learned counsel for the petitioner undertakes to file the same within period of 10 days.

5.With such observations, the writ petition is disposed of.

(Sanjaya Kumar Mishra, J.)

29.09.2022

(Grant urgent certified copy of this order, as per Rules)