DEWAN CHAND Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition is filed seeking writ of Mandamus commanding respondents no. 1 to 3 to regularize possession of the petitioner or to grant freehold rights in favour of petitioner, in the light of Government Orders, over the property, in question; further to issue a writ of Mandamus directing the respondents no. 1 to 3 not to evict the petitioner from the land, in question.

(2.) Mr. T.A. Khan, Sr. Advocate appearing for the petitioner fairly submits that no application seeking regularization possession or grant of freehold rights has ever been moved either by the petitioner or by his father nor such application seeking regularization or freehold rights is pending disposal. He, however, submits that father of the petitioner - Sri Moti Ram had filed O.S. No. 59 of 1985 (Moti Ram Vs. Nagar Palika, Haldwani) wherein State of Uttara Pradesh was also party, in the court of Civil Judge (JD) Haldwani seeking permanent prohibitory injunction against the defendants restraining them in making any interference in the possession of father of petitioner over the suit property; O.S. No. 59 of 1985 was decreed vide judgment and order dated 08.09.1985 restraining the defendants in making any interference in the possession of the petitioner's father over the property, in question.

(3.) Mr. Khan further contends that that since decree dated 08.09.1985 has attained finality, therefore, respondents should not be allowed to evict the petitioner from the property, in question.