Firoz Ali vs District Magistrate, Dehradun And Another

Vipin Sanghi, CJ

1) Issue notice.

Mr. S.S. Chauhan, learned Deputy Advocate General for the State, appears and accepts notice on behalf of respondent No. 1.

Mr. Shobhit Joshi, proxy counsel on behalf of Mr. Ashish Joshi, accepts notice on behalf of respondent No. 2.

2) The submission of the petitioner is that in response to the notice dated 01.10.2022, issued to the petitioner, which is impugned in the present petition, he sent a representation to the District Magistrate, Dehradun, requiring that the matter be investigated before demolition is undertaken, as the petitioner claims that he is in lawful occupation of the premises, which he claims to own by virtue of a registered gift deed.

3) At the outset, we have made it clear to the petitioner that this Court is not going to examine the title of the petitioner as such disputes can only be adjudicated in a civil court. Counsel for the petitioner submits that the respondents may only examine the position on record on their own before proceeding to carry out demolition.

4) We, therefore, dispose of this writ petition. The respondents should examine – whether the land in question falls in Khata No. 100, Khasra No. 277r, in village Danda Lakhor, Pargana Parwadoon, Dehradun, and, if so, whether the title to the same belongs to the petitioner, or not? If the respondents are satisfied that the petitioner is an encroacher, they shall be entitled to proceed in the matter in terms of the notice issued to the petitioner. We leave it open to the petitioner to approach the civil court to have his title disputes settled.

Stay Application (IA No. 01 of 2022) also stands disposed of.