JASVEER KAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) (Oral) - Present petition is filed by the petitioners for quashing of the order dated 8.4.2013, whereby land belonging to khasra nos. 30,41, 45 and 50 of Village Dohri Vakeel, Tehsil Kashipur, District Udham Singh Nagar was allotted to respondent no. 6. Further seeking writ of mandamus commanding the respondents to remove the encroachments from the public pathway situated in the land of khasra nos. 30, 41, 45 and 50 of Village Dohri Vakeel, Tehsil Kashipur, District Udham Singh Nagar and alternatively to grant alternate passage to the petitioners to reach to their land of khasra nos. 31 and 2/2.

(2.) Perusal of Annexure No. 3 to the writ petition, certified copy of the extract of khatauni of Village Dohri Vakeel, the then Pargana Kashipur, the then District Nainital, would reveal that entire land of khasra no. 31 measuring 0.50 hectare, khasra no. 41 measuring 0.57 hectare, khasra no. 45 measuring 1.15 hectare and khasra no. 50 measuring 0.42 hectare is re-cored as public pathway. Perusal of certified copy of village map would reveal that there is a public pathway over the entire area of khasra nos. 30, 41, 45 and 50 of Village Dohri Vakeel.

(3.) Mr. A.K. Joshi, learned Addl. C.S.C. appearing for respondent nos. 1, 2, 3, 4 & 5, does not dispute entries made in the khatauni as well as in the village map and fairly submits that entire area of khasra nos. 30, 41, 45 and 50 of Village Dohri Vakeel is being used as a public pathway.