BANSIDHAR GAYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this Writ-Petition, the petitioner has prayed for issuance of writ of certiorari quashing the notice/ order dtd. 27/6/2018 (annexure-1) to the writ-petition issued by respondent no.4; and, to issue a writ of mandamus directing that adequate action be taken on the representation dtd. 6/7/2018 filed by the petitioner and all consequential relief.

(2.) The facts of the case are that a PIL was filed before this Court bearing WPPIL No.11 of 2016, in which several directions were passed on 12/6/2018, especially with respect to the present petitioner. The order no.III and IV are relevant, which are being quoted below:-

(3.) In pursuance of the directions passed by this Court, the Revenue Authorities held a joint inspection of the town of Bhawali on 26/2/2018 and as per the submission of Mr. Navnish Negi, learned counsel appearing for respondent no.5/ Bhawali Nagarpalika, the petitioner was found to have encroached "Gadhera" which is recorded as Jalasaya. Therefore, on 27/6/2018 a notice was issued to the petitioner intimating him that, as per the orders passed by this Court in WPPIL No.11 of 2016 on 12/6/2018, he was directed to remove the encroachment within three days otherwise the encroachment will be demolished by the authorities at the cost of the petitioner.