Swami Ajayanand vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioner has preferred the present writ petition to seek quashing of the notice dated 0 8 .07.2022 issued to the petitioner alleging that the petitioner is encroaching on a government land situated in Village Kunwarpur, Tehsil Sitarganj, khata no.208, khasra no.273 min, measuring area 0.3722 hectare land which is under category 6(1) submerge land and which is recorded as pound in the revenue records. As per the report of Revenue Sub Inspector, the encroached land by the petitioner is measuring 704 sq.mt. This show cause notice was given by the Tehsildar, Sitarganj, in pursuance of the order passed by this Court in Writ Petition (PIL) Nos. 65 of 2011 and 29 of 2016.

We have heard the learned counsel.

The grievance of the petitioner is that while issuing notice dated 08.07.2022, the respondents have required the petitioner to vacate the premises within three days. The same is not in accordance with the principles of natural justice, or even the order passed by the Division Bench, which required issuance of a show cause notice and a brief hearing to the noticee.

According to the petitioner, the land in question is situated in Village Kunwarpur, Tehsil Sitarganj, khata no.208, khasra no.273 min, measuring area 0.3722 hectare land which is under category 6(1) submerge land and which is recorded as pound in the revenue records.

We dispose of this petition by granting liberty to the petitioner to respond to the show cause notice within next ten days. The SDM shall fix a date for hearing, and after hearing the petitioner, shall pass a reasoned order. In case, the petitioner is aggrieved by the reasoned order that may be passed, the petitioner may avail of his remedies. Till the order is passed, no action shall be taken to evict the petitioner.

In sequel thereto, pending application, if any, also stands disposed of.