RAJENDRA PRASAD Vs. EXECUTIVE ENGINEER & ANOTHER

JUDGEMENT

(1.) Appellant is the writ petitioner. Petitioner had land, which is displaced in connection with the construction of the Tehri Dam. On 26.03.2004, he was allotted a residential plot no. 3, measuring 200 square meters. Physical possession was handed over on 13.12.2004 and he is in possession thereof. Next, he relies on Government Order dated 28.03.2003. The translated version of the same, which is handed over by the learned counsel for the appellant, reads as follows:

(2.) Petitioner made an application for giving bhumidhari rights and he made a representation Annexure No. 4. On the complaint that his case was not being considered, he approached the Writ Court seeking the following prayer:

(3.) The learned Single Judge dismissed the writ petition, noting that since residential plot was allotted to the petitioner as per paper no. 14 of the paper book, therefore, residential plot cannot be directed to be treated as bhumidhari property. Though it is stated in the judgment of the learned Single Judge that perusal of certificate would reveal that no agricultural plot is allotted to the petitioner and a residential plot is allotted, the learned counsel for the appellant very fairly would submit that the appellant was, in fact, allotted an agricultural land also.