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2016 DIGILAW 718 (UTT)

Ramwati Koli v. State of Uttarakhand

2016-10-07

ALOK SINGH, K.M.JOSEPH

body2016
JUDGMENT : K.M. Joseph, J. 1. Petitioner has sought following prayers in the writ petition: “(a) to issue a Writ, or, order, or direction, in the nature of mandamus directing the respondents nos. 1 to 5 of the present P.I.L. writ petition to demolish the unauthorized construction made by respondents no. 7 to 11 of the present P.I.L. writ petition on Khasra/Khatoni no. 87 to 94 on the land of the A.N. Jha Govt. Inter College, Fazalpur Maharolla, Tehsil-Rudrapur, District Udham Singh Nagar, otherwise, the petitioner and the people of the above said Village shall suffer irreparable loss and injury which can not be compensated in any other manner. (b) to issue a writ, or, order, or direction, in the nature of writ of mandamus directing the respondents No. 1 to 5 of the present P.I.L. writ petition to stop the unauthorized construction being made by respondents no.7 to 11 of the present P.I.L. writ petition on Khasra/Khatoni no. 87 to 94 on the land of the A.N. Jha Govt. Inter College, Fazalpur Maharolla, Tehsil-Rudrapur, District-Udham Singh Nagar, otherwise, the petitioner and the people of the above said Village shall suffer irreparable loss and injury which can not be compensated in any other manner. (c) to issue a writ, or, order, or direction, in the nature of writ of certiorari quashing the sale-deeds executed by respondent no. 7 in favour of respondents no. 8 to 11 of the present P.I.L. writ petition on 19.04.2016 which are annexures no. 10, 11, 12 and 13 to the present P.I.L. writ petition.” 2. Briefly put, the case of the petitioner is as follows: A.N. Jha Government Inter College, Rudrapur was established by the then Govt. of U.P. on Rampur Road, National Highway No. 87, on a land measuring 280 acres in Village Fazalpur Maharolla, Udham Singh Nagar, donated by an I.C.S. Officer A.N. Jha, after whom it is named. At present, one thousand students are studying there. On the above said 280 acres of land, the above said college and agricultural farm is used for agricultural purposes and, the income gained from farming is used to run the college. Colonizers have illegally occupied land of Khata Nos. 87 to 94 of the said land. Petitioner has given representation to the Chief Minister on 25.02.2016, annexure No. 2 to the writ petition. Colonizers have illegally occupied land of Khata Nos. 87 to 94 of the said land. Petitioner has given representation to the Chief Minister on 25.02.2016, annexure No. 2 to the writ petition. It is alleged that respondents No. 7 to 11 have illegally occupied the government land of respondent No. 6, namely, A.N. Jha and started making illegal construction from 30.04.2016 onwards. The land belongs to respondent No. 6 and is being converted under Section 143 of the U.P. Z.A. & L.R. Act as residential land, which is against the law. Photographs are produced in this regard. Annexure No. 5 purports to be the revenue record of Fasli year 1366. Reference is made to the representation of MLA. Annexure No. 7 to the writ petition is the copy of information received under the R.T.I. Act wherein it is stated that Khasra Nos. 87 to 94 of Fasli 1366 is registered in the office record in the name of A.N. Jha Inter College, Rudrapur. Petitioner gave representation, annexure No. 9 to the writ petition, to the Chief Minister. Respondent No. 7 has executed registered sale deeds to respondent Nos. 8 to 11, copies whereof are annexed as annexure Nos. 10 to 13 in the writ petition. Petitioner claimed himself to be a member of BDC, Village Fazalpur, and hence, public interest litigation. 3. It is not in dispute that petition under Article 227 of the Constitution of India has been filed by the State and 6th respondent A.N. Jha Inter College. It appears that the order has been passed in favour of two persons by the Authorities, under Section 229-B of the U.P. Z.A. & L.R. Act. Petitioner has, in fact, after filing of the writ petition, filed intervention application in the said writ petition. 4. According to Sri H.M. Bhatia, learned Brief Holder for the State, Prabhu Saran Singh and Jag Saran Singh are persons, who got the original declaration under Section 229-B of the U.P.Z.A. & L.R. Act. 5. In view of the fact that the said case is pending, we would think that we need not consider the prayers of the petitioner. It may also be noted that petitioner himself has filed intervention application before the learned Single Judge in the said case. 5. In view of the fact that the said case is pending, we would think that we need not consider the prayers of the petitioner. It may also be noted that petitioner himself has filed intervention application before the learned Single Judge in the said case. Without prejudice to the rights of the petitioner to pursue the intervention application, we dispose of the writ petition making it clear that we have not made any observation that the learned Single Judge is bound to entertain the intervention application. It is entirely for the learned Single Judge to decide whether intervention application is to be allowed. We also leave it open to the petitioner to approach this Court later, if need be.