RAJENDRA KUMAR Vs. BACHAN SINGH

JUDGEMENT

(1.) Fourteen (14) shops were constructed by Kumaon Anusuchit Janjati Vikas Nigam at Bazpur, before 1981, which were meant to be allotted only to the persons belonging to Buksa Tribe.

(2.) It is not in dispute that these shops were allotted to persons belonging to Buksa Community. Petitioners, who do not belong to Buksa Tribe/Community, came to occupy these shops, and according to them, they are in possession of the shops in question, since last more than thirty years. Petitioners are aggrieved by order dtd. 25/7/2024 passed by Commissioner, Kumaon Division, whereby Kumaon Mandal Vikas Nigam has been directed to take necessary steps for eviction of unauthorized occupants from the shops in question and to ensure that these shops are allotted to persons for whom they were constructed. Thus, feeling aggrieved, petitioners have approached this Court challenging the order passed by Commissioner, Kumaon Division. They have also sought a writ of mandamus to formulate plan for the redevelopment of the entire Buksa Bazar and to accommodate petitioners along with persons belonging to Buksa Community.

(3.) It is not in dispute that ten writ petitions filed by different persons belonging to Buksa Tribe were disposed of by this Court, vide order dtd. 21/5/2024, by directing Commissioner, Kumaon Division to look into the matter and pass appropriate order. Operative portion of the said order is reproduced below:-