SHANTI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. I.D. Paliwal, learned counsel for the petitioners, Mr. B.S. Parihar, learned Standing Counsel for the State and Mr. Ashish Joshi, learned Counsel for Nagar Nigam, Dehradun, and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The jurisdiction of this Court, under Article 226 of the Constitution of India, is invoked seeking a writ of certiorari to quash the order dated 01.12.2019, and the impugned notice dated 18.12.2019 issued by the third respondent; and a writ of mandamus directing respondent nos.3 and 4 not to dispossess the petitioners from Khasra No.910 till the final disposal of the writ petition.

(3.) Facts, to the limited extent necessary, are that the petitioner herein had earlier invoked the jurisdiction of this Court by way of WPMS No.3228 of 2019 questioning the action of the respondents in seeking to dispossess them from the said land. A Division Bench of this Court had, by its order dated 21.10.2019, disposed of the writ petition permitting the petitioners to make a representation to the respondent authorities within one week from the date of the order. The respondent authorities were directed, in case any such representation was moved, to pass an order thereupon within two weeks from the date of receipt of the representation, communicate their decision to the petitioner, and thereafter take action in accordance with law including, if need be, for removal of the encroachments/unauthorized constructions.