Vijendra And Another vs State Of Uttarakhand And Others

Ravi Malimath, J

This public interest litigation is filed seeking for the following reliefs:

(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 to 4 to take cognizance of the

cause of action in the instant writ petition (PIL).

(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove entire encroachment

done by the respondent no. 5 to 8 and other co-villagers of village Ospur Old, Tehsil Laksar, District Haridwar.

(iii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 to 4 to take necessary steps

for the afforestation of encroached area in village Ospur Old, Tehsil Laksar, District Haridwar.

(iv) issue a suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the

present case.

(v) award the cost of the petition to the petitioners.

Counter-affidavits have been filed by the State.

Shri Mohd. Alauddin, learned counsel appearing for respondent nos. 5 to 8, submits that they are unnecessary parties to this petition, since they

have nothing to do with the land complained-of in this petition; and they have no interest in the land in question. His submission is placed on record.

In view of the undertaking of the learned additional chief standing counsel that the prayers of the petitioner will be answered; the concerned people,

who have encroached upon the land in question, will be removed; and that the Government will take possession of the land in question, we do not find

that any further order is required.

The undertaking of the learned additional chief standing counsel is placed on record.

The exercise of removal of the encroachment from the land in question and taking over the possession of the land in question would be done within

a period of two months from the date of receipt of a copy of this order.

The petition is disposed-off accordingly.

Pending applications (CLMA No. 10880 of 2019 and IA No. 5594 of 2020) also stand disposed-off.