Uttarakhand High Court
WPMS/1464/2012 of NAGAR PALIKA PARISHAD JASPUR Vs THE STATE OF UTTARAKHAND AND ORS on 31 December 2013
of 2012 Hon’ble Sudhanshu Dhulia, J. Mr. Jitendra Chaudhary, Advocate, present for the petitioner. Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 1, 4, 5 and 6. Mr. N.S. Pundir, Advocate, present for the respondent nos. 2 & 3. The
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WPMS No.1464 of 2012
Hon’ble Sudhanshu Dhulia, J.
Mr. Jitendra Chaudhary, Advocate, present for the petitioner.
Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 1, 4, 5 and 6.
Mr. N.S. Pundir, Advocate, present for the respondent nos. 2 & 3.
The petitioner, Nagar Palika Parishad, Jaspur is aggrieved by the allotment of the land to respondent nos. 2 & 3, Uttarakhand State Seed Certification Agency which is a statutory body.
As far as the allotment of the land is concerned, there is no dispute regarding the fact that the land ultimately belongs to the State and there is no anomaly in the same. Learned counsel for the petitioner also admits this legal position. However, he has a grievance over the said land which has been allotted to the respondent nos. 2 and 3 which also contains public path way of 6 meters width and this causes inconvenience to the public in general. To this grievance of the petitioner, respondent nos. 2 & 3 have agreed to leave that path way and give it to Nagar Palika Parishad, Jaspur if the Nagar Palika Parishad gives same portion of land to them to which Nagar Palika Parishad is also agreed on principle. Therefore, let this land be excluded from the land which is in possession of the respondent nos. 2 & 3. District Magistrate, Udham Singh Nagar shall hear the respondents and pass appropriate orders. He shall explore possibility as per the report of the Nayab Tahsildar (Annexure No.12 to the writ petition), to which Nagar Palika has also agreed in principle to give a same area of land to respondent nos. 2 & 3.
Writ petition stands disposed of.
(Sudhanshu Dhulia, J.)
31.12.2013