SHAUKAT Vs. DISTRICT MAGISTRATE HARIDWAR

JUDGEMENT

(1.) Heard Mr. Mohd. Safdar, learned Counsel for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel for the State, and, with their consent, this writ petition is disposed of at the stage of admission.

(2.) The proceedings under challenge in this writ petition is the order passed by the Tehsildar, Roorkee dated 02.07.2019 calling upon the petitioner to remove the encroachments within 10 days. The said order records that, pursuant to the order of this Court in WPPIL No. 07 of 2019 dated 07.05.2019, a Revenue Team was constituted which, in its report, informed that the petitioner had illegally encroached upon Khasra No.124 Mi., Rakba 0.150 hectare situated in Village Kanhapur Ahatmaal, Sub-Division and Tehsil Roorkee. By the said notice dated 02.07.2019, the petitioner was informed that he should remove the encroachment himself within 10 days, and give possession to the Village Council; and, if he wished to present his version in this connection, then he should do so within the stipulated period of 10 days. The petitioner was also informed that, if he did not remove the encroachment on government land, it would then be removed by administrative action, and the expenses incurred in this regard would be recovered from him.

(3.) A Division Bench of this Court had, in its order passed in WPPIL No.07 of 2019 (Bisarat Ali v. State of Uttarakhand and others) dated 07.05.2019, observed: -