RAM NIWAS Vs. SUB

JUDGEMENT

(1.) The petitioner, Ram Niwas, has filed this writ petition with respect to plot No. 2777/54 having the area of one acre situated in village Pei tit Nagar, Pargana Parwadees, District Dehradun. He was allotted the aforesaid plot, on being admitted as bhumidhar by the Land Management Committee. Partit Nagar with the previous approval of the Sub-Divisional Officer. Subsequently, the petitioner deposited ten times of the land revenue and acquired bhumidhari over the same. The petitioner has alleged that he bad made several improvements on the land. On 4th Jan., 1976 respondent No. 1 along with the Naib Tahsildar of the Halkar went to the petitioner and called him to vacate the land in dispute. On refusal the respondent No. 1 threatened him that if he did not vacate he would be required to meet the dire consequences.

(2.) No counter affidavit has been filed.

(3.) Taking the facts stated in the writ petition to be correct, we find that as there is no valid order against the petitioner in existence, he could not be evicted forcibly. Consequently we allow the writ petition and direct the respondents not to vacate the petitioner otherwise than in accordance with law.