Uttarakhand High Court

WPPIL/175/2013 of Asararool Hak Vs State Of Uttarakhand AND OTHERS on 28 December 2013

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COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (PIL) NO. 175 OF 2013 Asararool Hak ………..Petitioner. Versus State of Uttarakhand and others. ……Respondents. Mr. Deep Chandra Joshi, Advocate for the petitioner. Mr. K.P. Upadhyay, Chief Standing Counsel for the

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALWRIT PETITION (PIL) NO. 175 OF 2013

Asararool Hak

………..Petitioner.

Versus

State of Uttarakhand and others.

……Respondents.

Mr. Deep Chandra Joshi, Advocate for the petitioner. Mr. K.P. Upadhyay, Chief Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 4.

Coram: Hon'ble Barin Ghosh, C.J.Hon'ble Servesh Kumar Gupta, J.

Barin Ghosh, C.J. (Oral)

On the basis of some purported report prepared by somebody in the Administration, the present writ petition has been filed for removing encroachments. Not a single encroacher has been added; no leave under Order 1 Rule 8 has been prayed. The writ petition seeks determination of encroachment in absence of persons, who have been said to have encroached. The writ petition is utterly misconceived and the same is dismissed.

2. This order will not prevent, in the event there is, in fact, any public interest in the matter, to re-approach the Court with an appropriate writ petition.

(Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.) 28.12.2013

Rathour

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