JAL SINGH Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) PRESENT writ petition is filed, challenging the or­der dated 24.02.2004 passed by DDC/Addl. Collector, Haridwar in Revision No. 344/2002/03 Jal Singh Vs. Gram Sabha and Others and also challenging the or­der dated 3rd October, 2002 passed by Settlement Officer (Consolidation) in ap­peal No. 809 Jal Singh Vs. Gram Sabha. Petitioner further seeks mandamus com­manding the respondent Nos. 2, 3 and 4 to allot the agricultural land Gatta No. 131/2 situated in Gram Sabha, Bejholi Roorkee.

(2.) BRIEF facts of the case are that Consolidation Officer vide order dated 3r October, 2002 directed the eviction of the petitioner from land Gata No. 131 meas­uring 1 bigha 3 biswa 10 biswansi against which an appeal No. 809 was preferred before Appellate Authority/Settlement Officer (Consolidation), Haridwar at Roorkee which was dismissed vide order 27.03.2003 having observed property found in possession of the appellant is a public utility land being used as Gohor/Rasta. It was further observed by the Ap­pellate Authority that over the public util­ity land, no rights can be given to any person either under section 122B (4F) or under section 197 of UPZALR Act.

(3.) HAVING heard Mr. B.B. Sharma, learned counsel for the petitioner and af­ter perusing the record, I find that both the courts below were within their juris­diction while passing the impugned or­ders.