SHAMSHUDDIN Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) By means of this writ petition, following relief has been sought:-

(3.) According to the petitioner, his father constructed a tin shed over nazul land situated in Mohalla Jagatpura in Rudrapur town about thirty years ago with the permission of Municipal Board, Rudrapur. Subsequently, on 30.06.1987, Special Nazul Officer, Rudrapur allotted one Nazul plot No. 17 admeasuring 50 square meter, to petitioner's father in Mohalla Jagatpura for a period of thirty years, but, no lease deed was executed in respect of the said nazul plot. In the year 2002, some neighbours started interfering in the peaceful possession of the petitioner over the land in question. Consequently, petitioner along with three other persons filed a suit for injunction against (1) Shri Sumer Singh, (2) Shri Shyam Singh, (3) Shri Kalwa and (4) Shri Vidhya Ram, which was registered as Civil Suit No. 103 of 2002. The said suit was decreed ex-parte on 24.04.2003 by learned Civil Judge (Senior Division), Udham Singh Nagar. On 001.2017, the structure raised by the petitioner over the land in question was demolished under the garb of anti-encroachment drive by the Municipal Authorities with the help of District Administration. According to the petitioner, his tin shed was demolished under the pretext that the land is needed for developing a public park, although park was never notified.