DINESH CHANDRA SEMWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The initiation of the proceedings has been as a consequence of the report of Patwari dated 06.08.2003, wherein, he has reported that the petitioner has encroached upon khasra No. 333, Khet No. 92, having an area of 2 nali 4 muthi, i.e. equivalent to 0.045 hectares of land, lying in Village Pali, Patwari Circle Pali, Tehsil Ukhimath, District Rudraprayag.

(2.) As per the report submitted by the Patwari, he reported that the petitioner has encroached upon the aforesaid land, taking advantage of the fact that he has his bhumidhari land adjoining to khasra No. 333, being khasra Nos. 288, 309 and 310. Based on the said report and the recommendation made by the Patwari to initiate a proceedings under Section 4 read with Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1972, a notice was issued to the petitioner on 13th August, 2003, and a Case No. 7 of 2003, under Section 4/5 of the Act was initiated.

(3.) The decipher of occupation, the description of property and the nature of its occupation was given in prapatra ka, which was issued under Section 4 (1) of the Act. However, petitioner appeared before the Prescribed Authority and filed his objection denying the contents of the notice prapatra ka by filing objection to the said effect on 7th October, 2004. On perusal of the objection, the pleadings which has been agitated by the petitioner was that as a matter of fact he has got bhumidhari land on khasra nos. 288, 309 and 310 and his case was that khasra No. 333 does not fall within his adjoining bhumidhari lands of khasra Nos. 288, 309 and 310. He further submitted that he is performing agricultural activities over the said land allegedly encroached by him.