WALI MOHAMMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to the petitioner, he is Bhumidhar in respect of agricultural land situate in Village Kichha, District Udham Singh Nagar. Petitioner had earlier filed WPMS No. 1358 of 2018, which was disposed of by a Co-ordinate Bench of this Court with a direction to District Magistrate to decide petitioner's representation, within four weeks. Pursuant to the order passed in the said writ petition, District Magistrate has taken decision on petitioner's representation vide order dtd. 27/10/2018, wherein it is provided that petitioner cannot be permitted to raise boundary wall over his agricultural land. The decision taken by District Magistrate on 27/10/2018 has been put to challenge in this writ petition.

(2.) Learned Additional C.S.C. has pointed out that consolidation operations are going on in the village in question, therefore, till conclusion of consolidation proceedings, the extended boundaries of petitioner's holding cannot be defined.

(3.) There appears to be a dispute regarding demarcation of land. The land, which petitioner claims to be his, has been treated as public utility land by the District Magistrate. There is a factual dispute involved in this writ petition, which cannot be decided in proceedings under Article 226 of Constitution of India. Thus, there is no scope of interference with the impugned order.