Shri Sitaram Yadav vs District Magistrate, Dehradun & another

Heard learned counsel for the parties and perused the records.

Sri Sitaram Yadav has filed these two writ petitions. According to him, in the year 1969 he purchased a piece of land in Village Bhaniyawala, Tehsil Doiwala, District Dehradun and he is in continuous peaceful possession over the said land and he has also constructed a residential house thereupon.

By means of WPMS No. 2821 of 2017, petitioner has sought following relief:-

a. Issue a writ, order or direction in the nature of mandamus directing the respondents not to demolish/damage the property of the petitioner without following the procedure of law as laid down by Hon''ble Apex Court.

b. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the representation of the petitioner in accordance with law.

By means of WPMS No. 2849 of 2017, petitioner has sought following relief:-

a) A writ, order, or direction in the nature of mandamus commanding the respondent authorities to complete the demarcation proceedings of the Khasra no. 529 area 0.1650 Hect: Khasra no. 538 area 0.02990 Hect; 531 Kha area 0.0400 hect; Khasra no. 580 Kha area 0.0200Hect; 584 Kha area 0.0300 Hect situated at Muaza Banniyawala Pargana Parwadoon, Dehradun, Uttarakhand.

b) A writ, order or direction in the nature of mandamus directing the respondents to decide the representation of the petitioner in accordance with law.

According to the petitioner, he has raised construction over the land belonging to him, while the District Administration is contending that construction has been raised by him over public land. Such a dispute cannot be resolved in a writ petition under Article 226 of the Constitution.

The petitioner has a remedy under Section 41 of the Land Revenue Act, 1901 and he may approach the Competent Authority, if so advised.

Accordingly, both the writ petitions are disposed of with liberty to petitioner to approach the Competent Authority under Land Revenue Act, 1901. If petitioner makes appropriate application to the Competent Authority under Land Revenue Act within ten days from today, status quo as regards the construction raised by the petitioner shall be maintained for a period of three weeks.