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Judgment
8 paragraphs · 274 wordsVipin Sanghi, CJ
Issue notice.
Mr. Shailendra Singh Chauhan, learned Deputy Advocate General for the State of Uttarakhand / respondent No. 1, appears and accepts notice.
Mr. Shobhit Joshi, proxy counsel for Mr. Ashish Joshi, learned counsel for respondent No. 2, appears and accepts notice.
The petitioner has preferred the present writ petition to assail the notice dated 14.10.2022 issued by the Nagar Nigam, Dehradun in the name of the petitioner.
The said notice alleges unauthorized occupation by the petitioner in Khasra No. 441 in Village Danda Lakhaund on the ground that the same falls in Category-6 (1) Khala admeasuring 0.0418 Hectare. The petitioner has placed on record his title documents in respect of the land falling in Khasra No. 442 admeasuring 100.37 square meters situated in the same Village. However, the notice relates to the land falling in Khasra No. 441.
Mr. Mohd. Matloob, learned counsel for the petitioner, submits that the petitioner has preferred the petition since the notice has been issued in the name of the petitioner, even though it relates to the land falling in Khasra No. 441. He submits that the respondents may not demolish the property of the petitioner situated in Khasra No. 442. He, however, has no concern with the land falling in Khasra No.441.
We dispose of this petition with a direction to the respondents to demolish the property falling in Khasra No. 441 only, since the notice does not relate to the land falling in Khasra No. 442. The demolition of the petitioner’s property situated over the land falling in Khasra No. 442 will, however, not be undertaken.