Ranveer Singh Saini vs State Of Uttarakhand And Others

Manoj Kumar Gupta CJ

Heard learned counsel for the parties.

The present writ petition has been filed ostensibly in public interest praying for a direction to the respondent-authorities to remove illegal encroachments from the ceiling land, river land, Gram Samaj land and also certain land said to have been purchased by one Keerti Charitable Trust on the ground that the said trust had done illegal plotting over the said land and has transferred it to different persons.

The allegation in paragraph no.10 of the petition is that the trust had purchased the land for religious and charitable purposes but has sold it after carrying out plotting. The sale deed through which the trust had purchased the property has not been annexed nor the trust has been made party to the present proceedings. The detail of the transfers made by the said trust have also not been disclosed. Even otherwise, we do not find any public interest in the land said to have been purchased by the trust and, thereafter, transferred by it to third parties.

Undoubtedly, several remedies are available under common law and the said legal position is also known to the petitioner as is evident from the averments made in paragraph no.16 of the writ petition where the petitioner has himself has referred to provisions of Section 92 CPC and other provisions.

As regards alleged encroachment over ceiling surplus land, no detail regarding persons said to be in possession thereof have been given.

Even otherwise, in case ceiling surplus land continues to be in possession of the tenure holders, the statutory provisions are in place empowering the authorities to take possession of such land.

As regards the third plea that certain land of Gram Samaj and river land are in illegal possession of different persons, again name of said persons, has not been disclosed nor any of them have been impleaded as party to the present proceedings.

In the aforesaid facts and circumstances, we do not consider it appropriate to examine the issues raised in the present jurisdiction. It is left open to the petitioners to approach the authorities for the said purpose, if so advised.

Accordingly, the writ petition is dismissed.

Pending application, if any, also stands disposed of.