Umesh Singh And Others vs State Of Uttarakhand & Others

S.K. Mishra, J

Heard Ghanshyam Joshi, learned counsel for the petitioners and Mr. S.S.Chauhan, learned Deputy Advocate General for the State.

By filing this writ application, the petitioners have prayed for issuance of a writ of certiorari to quash the notices dated 19.05.2022 and 30.05.2022 and direct the respondents not to interfere in the peaceful possession of the petitioners in Khasra No. 344.

It is apparent from the record that the Khasra No. 344 is recorded in the name of one Umesh Singh and others. However, in the petition in addition to Umesh Singh, four other persons have joined as petitioners and have claimed that they have Asami right over the property. It is borne out from the record that in Civil Appeal No. 1132 of 2011 @ SLP © No. 3109 of 2011, the following order has been passed by the Hon’ble Supreme Court:

“Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha / Gram Panchayat / Poramboke / Shamlat land and these must be restored to the Gram Sabha /Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupants, after giving him show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constrictions thereon or political connections must not be treated act or for regularizing the illegal possession. Regularization should only be permitted in exceptional case e.g. where a lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.”

Thus, it is further clear that in pursuance of the order passed by the Hon’ble Supreme Court, the State Government has identified the land belonging to Gram Sabha and Gram Panchayat etc. and take steps for illegal and unauthorized occupants thereon.

Learned Deputy Advocate General on instructions, submits that the land i.e. sought to be vacated by the authorities after following the procedure established under The Uttarakhand Public Premises (Eviction of Unauthorised Occupants) Act, 1972, has been done in pursuance to the order passed by the Hon’ble Supreme Court in the aforesaid appeal and it is recorded as a Water Body (Jalashaya) category-3. It is further borne out from the record that though the petitioners claim right over the property by relying annexure-1 only Umesh Singh has been recorded out of all the petitioners but notices have been issued to petitioner nos. 2 to 5.

In that view of the matter, we are of the view that the writ petition is devoid of any merit and need not be entertained. Hence, the writ application is dismissed being devoid of merit.

Urgent certified copy of this order be granted on proper application.