KAMLESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The allegation levelled in the instant writ petition is that certain persons have encroached upon land belonging to the Gram Sabha, Kachnal Gusain, Tehsil Kashipur, District Udham Singh Nagar. Although the description of the Khasra Numbers has been vaguely mentioned in paragraph 4, the instant writ petition suffers from deficiency of material particulars, inasmuch as, the details of the persons, who have unauthorisedly occupied the land have not been disclosed in the pleadings. Additionally, it would be pertinent to mention that the instant writ petition also suffers from a non-joinder of necessary parties, inasmuch as, those who are liable to be affected in case the prayers made in the instant writ petition are accepted, have not been impleaded as party respondents.

(2.) For the aforesaid reasons, the instant Writ Petition is liable to be dismissed. The same is accordingly hereby dismissed.

(3.) Although it will be open to the petitioner to approach this Court through a petition with better particulars, as also, after removing the defects indicated hereinabove, it would be proper to approach this Court only if an efficacious alternative remedy is not available to the petitioner on the issue canvassed before this Court. The petitioner may approach this Court, if he is so advised, keeping in view the instant aspect of the matter as well.