SOHAN LAL Vs. HARIMOHAN

JUDGEMENT

(1.) THE subject matter of challenge before the Writ Court was the order dated 14th November, 2008 issued by Tehsildar, Rishikesh, whereby and under, he issued a notice to the writ petitioners as well as to the appellants to the effect that on 19th November, 2008, at 10.30 A.M., he alongwith his officers will demarcate the boundary in between Khasra Nos. 276/49 and 276/6/37. In other words, at what place Khasra No. 276/6/37 ends and Khasra No. 276/49 starts and vice versa. This order was challenged by the writ petitioners on the ground that there was a litigation between the writ petitioners and the appellants before the Civil Court, where the writ petitioners succeeded and such success was confirmed by the High Court and the Special Leave Petition filed, challenging the order of High Court, was rejected. By the judgment and order under appeal, as it appears to us, being influenced by the said state of affair, the learned Judge, while disposing of the writ petition, permitted demarcation of plot No. 276/49 but without disturbing the possession of writ petitioners over plot No. 276/6/37 and plot No. 276/50.

(2.) PLOT No. 276/50 was not mentioned in the notice dated 14th November, 2008, nor the said plot has or had anything to do with the past litigation between the parties.

(3.) WE, accordingly, allow the appeal, set aside the judgment and order under appeal and make it absolutely clear that the purport and intent of notice dated 14th November, 2008 was only to demarcate the dividing line in between Khasra No. 276/49 and Khasra No. 276/6//37 and neither the appellants nor the writ petitioners can object to such demarcation. It shall be obligatory on the part of the Tehsildar to hear the appellants and the writ petitioners-respondents and to look into all the documents that may be produced by them for the purpose of helping the Tehsildar in effecting such demarcation. Let a fresh notice be issued of the same nature as that of 14th November, 2008 as quickly as possible but not later than four weeks from the date of service of a copy of this order upon the Tehsildar, Rishikesh.