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Judgment
Vipin Sanghi, CJ
Issue notice. Learned counsels appear and accept notice on behalf of respondent nos.1 and 2. Respondent nos.3 and 4 are private parties, who have been impleaded as performa respondents.
The petitioner is claiming rights in the property in question through respondent nos.3 and 4. Mr. Negi, who appears for respondent no.2, on advance notice states that the recorded owner of the property is respondent no.2- Nagar Palika Parishad, Bhowali, Nainital, and not respondent nos.3 and 4. They have, in fact, filed a Civil Suit, being Case No.75 of 2022, which is sub-judice before the learned Court of Senior Civil Judge, Nainital.
The challenge in this writ petition is to the notice issued to the petitioner on 09.08.2023, alleging encroachment over K.M. 06 H.M. 8-10 in S.H. 64 in Khutani-Bhowali Motor Road.
We have had occasion to deal with similar notices issued to other persons.
Mr. Singh submits that the petitioner has responded to the said notice on 14.08.2023. He submits that the respondents have yet not been considered the said response, and the Sword of Damocles is hanging over the petitioner’s head, and she is facing threat of demolition and eviction on the hands of the respondents in pursuance of the impugned notice.
We dispose of this writ petition with a direction to the respondents- authorities to consider the petitioner’s aforesaid representation, and all the other relevant materials placed on record. If asked for, the petitioner shall also be granted personal hearing. After considering all the materials and submissions, the respondents should pass a reasoned and speaking order disposing of the notice in question, and only, thereafter, they shall proceed in accordance with the decision taken on the petitioner’s representation.
The writ petition stands disposed of in the aforesaid terms.
Pending application, if any, also stands disposed of.