Bisarat Ali vs State Of Uttarakhand & Others

Ramesh Ranganathan, CJ

The relief sought for in this writ petition is to direct the respondents to take immediate action for removing the encroachment over the 1200-1300 Bigha of land situated in Mauja Kanhapur Mustka, Mauja Kanhapur Athatmal, Mauja Akbarpur Mustkam, Mauja Akbarpur Jaji, which belongs to the Gram Sabha including 850 trees standing over the said land; and a writ of mandamus directing the respondents to take suitable action against the encroachers who have made illegal encroachment over the land of the Gram Sabha Dhanderi, Tehsil Roorkee, District Haridwar.

In the counter affidavit, filed by the Tehsildar, Roorkee on 24.04.2019, it is stated that, an extent of 22 hectares of land had been allotted to some persons as Assami Pattedars, for agricultural purposes, for a tenure of five years; the term of the said patta had expired, but the patta holders were still in possession of the said land; proceedings, under Section 202 of the U.P. Zamidari Abolition and Land Reform Act, 1950, had been initiated before the learned Court of the Additional Sub Divisional Magistrate/Assistant Collector, First Class, Roorkee; besides such persons, other were not patta holders and had also encroached upon Government land illegally; the exercise of demarcation and ear marking the land is under progress; thereafter, the illegal occupants would be evicted from Government Land as per law; and proceedings for eviction, of those who were earlier allotted land as Assami Pattedars for a period of five years, shall be taken as soon as the orders are passed by the learned Additional Sub Divisional Magistrate/Assistant Collector First Class, Roorkee.

Sri S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand, would submit that, while eviction of those in whose favour land was allotted as Assami Pattedars may need to await the outcome of the proceedings pending before the Court of the Additional Sub Divisional Magistrate/Assistant Collector, First Class, Roorkee, encroachers, other than those who were allotted lands as Assami Pattedars, shall be evicted in accordance with law, as soon as the exercise of demarcation and ear-marking of land is completed. Learned Deputy Advocate General would submit that the entire exercise, of demarcation and ear-marking, would be completed within six weeks from today; and action would be taken to put the encroachers on notice, give them opportunity of being heard, and to pass orders of eviction within two months thereafter.

Recording the submission of the learned Deputy Advocate General that the State Government would complete the exercise of demarcation and ear-marking of the subject land within six weeks from today; and the encroachers would be put on notice, be given an opportunity of being heard, and an order passed in accordance with law within two months thereafter, the Writ Petition is closed. The second respondent is directed to complete the exercise of demarcation and ear-marking the land; and in evicting the encroachers, if any, therefrom in accordance with law at the earliest, and, in any event, within four months from today.

The Writ Petition stands disposed of, accordingly.

No costs.

Let a certified copy of this order be furnished to the learned counsel for the parties within two days, on payment of usual charges.