MUSSOORIE TAXI CAR ASSOCIATION Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has been issued notices on 28/6/2023, by the respondent no.2, requiring the petitioner to handover the possession of premises under the tenancy within 15 days or else, the premise will be demolished.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner would submit that 4.25 Acre land was to be handed over by the Nagar Palika Parishad, Mussoorie to the State Tourism Department for constructions of ropeway. Various encroachers and tenants of that premises earlier filed writ petitions in this Court. The encroachers did file Writ Petition (M/S) No.3774 of 2019, Bharat Bahadur Thapa vs. State of Uttarakhand and another; and the tenants filed Writ Petition (M/S) No.3287 of 2018, Mazdoor Sangh Mussoorie Dehradun vs. State of Uttarakhand and others ("the petitions"). Both these petitions were heard and decided together by this Court on 17/8/2020. The petitions were dismissed, but it is argued that the petitioners were given liberty to approach the competent authority for implementation of the decision taken in the meeting of Nagar Palika Parishad on 15/3/2013. It is argued that the judgment and order dtd. 17/8/2020 were unsuccessfully challenged in Special Appeal No.162 of 2020, Mazdoor Sangh Mussoorie vs. State of Uttarakhand and others.