GURMUKH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution, a writ of Mandamus has been sought against the Respondents not to interfere in the peaceful possession of the Petitioner over 60 acres of land of plot no. 4 of village Baint Kheri, tahsil Bajpur, district Nainital and not to evict the Petitioner forcibly from the aforesaid land as also the residential house and tube-well situated thereon.

(2.) Relevant fact leading to this writ petition may be briefly indicated as follows :

(3.) In the counter affidavit filed on behalf of the Respondents, the claim over 60 acres of land of plot no. 4 has been given up by the Forest Department in para 17 thereof. It has, however, been asserted in the counter-affidavit that Gurumukh Singh encroached upon the other part of the reserved forest, particularly of Gabua Block and has raised constructions and fixed a tube-well on the land encroached upon. It has been further averred in the counter-affidavit that Gurumukh Singh has been cutting the uprooting timber and eucalyptus trees. Making a reference to the joint survey report dated 28-2-1982, it has been further claimed in the counter-affidavit that Gurnmukh Singh was found to have made encroachment over the reserved Forest land beyond 60 acres of land of plot no. 4.