Research › Search › Judgment

Uttarakhand High Court · body

2012 DIGILAW 684 (UTT)

Suresh Kumar Maurya v. State of Uttarakhand

2012-11-06

PRAFULLA C.PANT, U.C.DHYANI

body2012
JUDGMENT Prafulla C. Pant, J. 1. Heard. 2. By means this writ petition, in the form of Public Interest Litigation, the petitioner has sought direction commanding the respondents not to curve out any road over plot no. 1068 and plot no. 1070/2 (wrongly mentioned as 1070/1 in the prayer of the writ petition) in village Bhagchuri, Tehsil Khatima, District Udham Singh Nagar. 3. Brief facts of the case are that land of Khasra (plot) no. 1068, measuring area 0.673 hectares and land of Khasra (plot) no. 1070/2, measuring area 1.325 hectares belongs to the State Government, which has been transferred to the Education Department. The petitioner’s grievance is that Sub Divisional Magistrate, Khatima, in connivance with some private persons, intends to construct a road over the land belonging to the Education Department. Hence this petition. 4. In the counter affidavit of the State, it is admitted that land of Khasra no. 1068 and 1070/2 total measuring area 1.998 hectares belongs to the State Government and transferred to Government Inter College, Bandia. However, it is denied in the counter affidavit that Sub Divisional Magistrate has constructed or constructing the road over the land belonging to the college. It is also stated in the counter affidavit that a Civil Suit No. 14 of 2010 Malkeet Singh vs. Thagan Singh is pending before the Civil Judge (Junior Division), Khatima, in which the plaintiff (respondent no. 4) has sought permanent injunction in respect of the land of Khasra no. 1070/1 and the dispute between the parties is sub-judice before the Civil Court. In para 27 of the counter affidavit filed on behalf of respondent Nos. 2 & 3, it is categorically stated that no road is being constructed by the respondents on the land earmarked for the Government Inter College. 5. It is admitted fact that land of Khasra No. 1068 and 1070/2 of village Bhagchuri is recorded in the name of State and is in possession of Government Inter College, Bhagchuri, Bandia. Said fact is also apparent from the copy of Khatauni within (Ext. A-1) and copy of Khasra filed with the writ petition. Copy of possession memo (Annexure-4) filed with the writ petition, clearly shows that possession of land of Khasra (Plot) No. 1068 and that of 1070/2 was taken by the Government Inter College on 28.08.2006. In said possession memo, location of plot nos. A-1) and copy of Khasra filed with the writ petition. Copy of possession memo (Annexure-4) filed with the writ petition, clearly shows that possession of land of Khasra (Plot) No. 1068 and that of 1070/2 was taken by the Government Inter College on 28.08.2006. In said possession memo, location of plot nos. is also shown and it is clear that plot no. 1070/1 is adjacent to the plot no. 1070/2 and lies South of the land belonging to the Government Inter College. 6. Having heard the learned counsel for the petitioner and learned counsel for the respondents, this Court finds that the present writ petition (Public Interest Litigation) is not maintainable for two reasons:- (i) No Public Interest Litigation can be entertained in respect of an issue, which is subject matter in a suit already pending before the Civil Court. In this connection, it is pertinent to mention here that copy of the plaint of the suit filed by respondent No. 4 is annexed as Annexure-12 with the writ petition, which shows that in Suit No. 14 of 2010, the dispute relating to boundary between plot nos. 1070/2 and 1070/1 is sub-judice before the Civil Judge (Junior division), Khatima. Annexure-13 to the writ petition is the copy of the written statement filed by the State Government in said suit, where the State has also taken the stand that plot no. 1068 measuring area 0.673 hectares and plot no. 1070/2 measuring area 1.325 belongs to the State and has been transferred to its Education Department. In para 24 of the said written statement, it is stated by the State Government that there is no rasta land over the land belonging to the State Government, which is in possession of the Government Inter College. In the opinion of this Court, since the dispute is presently sub-judice before the competent court, as such, this Public Interest Litigation is not maintainable. (ii) Even otherwise, the complicated question of demarcation and disputes of boundary between the owners of the land arising out of the adjacent plots are not the maters entertainable as Public Interest Litigation. 7. Therefore, without prejudiced to the rights of the parties in the lis pending before the Civil Court, the proceedings of the Writ Petition, in the form of Public Interest Litigation, are hereby closed.