KIRTI SARAN AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner alleging himself to be a recorded tenure holder of the land lying in Plot Nos. 177, 203 and 206 in Village Kamluaganza Narsinghtaalla, Tehsil Haldwani, District Nainital, had approached this Writ Court for the following reliefs :

(2.) In case, if the relief itself is taken into consideration, the writ of mandamus, for the purpose of demarcation to enable and facilitate the acquisition has been carved out by the petitioner to be enforced in a writ jurisdiction under Article 226 of the Constitution of India, under a purported compliance of a judgement of 10/12/2019, which was rendered by the Division Bench of this Court in Writ Petition No. 3687 of 2019, Kirti Sharan Agarwal Vs. State of Uttarakhand and others.

(3.) Simultaneously, the petitioner has also sought a writ of mandamus, for directing the respondents to hand over the vacant possession of the remaining area of the land, the possession of which, has been alleged to have been taken by the respondents after taking over of plot No. 177, of the aforesaid village and to remove their encroachment.