WPMS/1670/2023 of HARDEEP SINGH Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition (M/S) No. 1670 of 2023

Hardeep Singh

Versus

….....Petitioner

State of Uttarakhand and others

….….Respondents

Present:-

Mr. Sanjay Kumar, Advocate for the petitioner. Mr. V.D. Bisen, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

By means of the instant writ petition, the petitioner seeks the following reliefs:

“(i) Issue suitable order or direction in the nature of mandamus directing the respondent no.1 to 3 to make ensure the public utility land i.e. land of chakroad and Gool pertains to Khasra No. 25 & 33& 26 of village Bhagwantpur, Tehsil Kashipur District Udham Singh Nagar free from encroachment after demarcation of land of village Bhagwantpur and Garhi Inderjeet Tehsil Kashipur District Udham Singh Nagar from the hands of musclemen of the society expeditiously within period as stipulated by this Hon’ble court.

(ii) Issue suitable order or direction in the nature of mandamus directing the respondent no. 4 to provide adequate the nature of mandamus directing the respondent no. 4 to provide adequate

police force as per requirement of respondent no. 2 to 3 for making the public utility land i.e. land of chakroad and Gool pertains to Khasra No. 25 & 33 & 26 of village Bhagwantpur, Tehsil Kashipur District Udham Singh Naar free from encroachment after demarcation of land of village Bhagwantpur and Garhi Inderjeet Tehsil Kashipur District Udham Singh Nagar from the hands of musclement of the society.

(iii) Issue any other suitable order or direction which this Hon’ble court may deem fit and proper in the circumstances of the case. direction which this Hon’ble court may deem fit and proper in the circumstances of the case.

(iv) Award the cost of the petition to the petitioners.” petitioners.”

2. Learned counsel for the petitioner would submit that the petitioner is resident of Village Bhagwantpur, Tehsil Kashipur, District Udham Singh Nagar; his land is adjoining the Chakroad; the Chakroad has been obstructed at various places, due to which water has filled up in the land of the petitioner; he had approached the Sub Divisional Magistrate, Kashipur, District Udham Singh Nagar, who constituted Committee; on 14.02.2023, the Tehsildar, Kashipur, District Udham Singh Nagar has

directed that the Chakroad may be opened. Reference is made to Annexure 5 to the writ petition.

3. It is argued that despite the order passed by the Tehsildar, Kashipur, Chakroad has not been opened.

4. In essence, what the petitioner seeks is that the order passed by the Tehsildar, Kashipur may be enforced by this Court.

5. The petitioner may very well approach the authority, who has passed the said order, for its implementation. For such purposes, writ petition may not be entertained. Consequently, the writ petition deserves to be dismissed at the stage of admission itself.

6. The writ petition is dismissed in limine.

Avneet/

(Ravindra Maithani, J.) 09.06.2023