VILLAGE PANCHAYAT, LADPURKALAN THROUGH ITS VILLAGE PRADHAN Vs. STATE OF UTTARANCHAL THROUGH SECRETARY PANCHAYAT RAJ, SECRETARIAT, DEHRADUN AND OTHERS

JUDGEMENT

(1.) Heard Sri Lok Pal Singh, Advocate for the petitioner and Standing Counsel for the respondents No.1 to 3. Both the parties have submitted that let the writ petition be decided at the admission stage.

(2.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 23.5.2006 (Annexure No. 8 to the writ petition) passed by the respondent No. 3.

(3.) Briefly stated, according to the case of the petitioner, Village Panchayat Ladpurkalan consists three villages namely Ladpurkalan, Ladpurkhurd and Mukhyalikhurd, District-Haridwar. Gaon Sabha Ladpurkalan is the owner of Khasra No. 59-M total measuring 0.359 hectare situated in Village-Mukhyalikhurd, Tehsil-Laksar, District Haridwar. An assami patta was allotted in favour of one Sri Mahmood for an area of 0.216 hectare for a period of 5 years. Thereafter, the lease was not renewed by the Gaon Sabha and therefore, Sri Mahmood had no right to remain in possession over the land, which was allotted to him as asami patta.