Uttarakhand High Court
Sohan Lal Kanswal And Ot Hers …..Pet It … vs St At E Of Ut T Arakhand And Ot Hers on 23 December, 2024
2024:UHC:9832
I N TH E H I GH COURT OF UTTARAKH AN D
AT N AI N I TAL
TH E H ON 'BLE SRI JUSTI CE ALOK KUM AR VERM A
2 3 r d D ECEM BER, 2 0 2 4
W RI T PETI TI ON ( M / S) N O.8 3 9 of 2 0 2 2
Sohan Lal Kanswal and Ot hers .....Pet it ioners
Versus
St at e of Ut t arakhand and Ot hers .....Respondent s
Counsel for t he Pet it ioners : Mr. Raj endra Dobhal,
Senior Advocat e assist ed
by Mr. Suryakant
Mait hani, Advocat e
holding brief of Mr.
Shubhang Dobhal,
Advocat e.
Counsel for t he : Mr. M.S. Bisht , Brief
Respondent s Holder.
H on'ble Alok Kum a r Ve rm a ,J.
The case of t he pet it ioners is t hat t he
pet it ioners are t he oust ee of Tehri Dam Proj ect and t he
resident s of different villages of Dist rict Tehri Garhwal.
On 29.06.2010, t he pet it ioner nos.1, 2 and 4 and Lat e
Mr. Sundar Lal, fat her of t he pet it ioner no.3, were
allot t ed 200 Sq m t . plot for resident ial purposes and
half acre of land for agricult ure purposes by t he
respondent no.5 in Shivalik Nagar, Haridwar, Dist rict
Haridwar. Despit e of t he said allot m ent , t he pet it ioners
were not given possession over t he land allot t ed t o
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2024:UHC:9832
t hem for resident ial and agricult ural purposes. A Writ
Pet it ion ( No.2110 ( M/ S) of 2010) was filed. The said
Writ Pet it ion was allowed. A Cont em pt Pet it ion was
filed. The officers m ade a st at em ent in t he cont em pt
pet it ion t hat t he act ual possession of t he allot t ed plot
cannot be handed over t o t he pet it ioners due t o
pendency of civil lit igat ion bet ween B.H.E.L. and
T.H.D.C.
2. Heard Mr. Raj endra Dobhal, learned Senior
Advocat e assist ed by Mr. Suryakant Mait hani, learned
counsel holding brief of Mr. Shubhang Dobhal, learned
counsel for pet it ioners and Mr. M.S. Bisht , learned Brief
Holder for respondent nos.1 t o 5.
3. Mr. Raj endra Dobhal, learned Senior
Advocat e, has cont ended t hat t he civil lit igat ion
bet ween B.H.E.L. and T.H.D.C. has been decided vide
j udgm ent dat ed 21.11.2019. A represent at ion dat ed
03.04.2024 ( Annexure No.3 t o t he supplem ent ary
rej oinder affidavit of t he pet it ioner no.1) was m oved by
t he pet it ioner no.1, which is st ill pending before t he
respondent no.3, whereas, t he land has already been
allot t ed t o t he pet it ioner nos.2, 3 & 4. Mr. Raj endra
Dobhal, learned Senior Advocat e, has request ed t o
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decide t he present Writ Pet it ion by direct ing t he
respondent no.3 t o decide t he said represent at ion of
t he pet it ioner no.1 as expedit iously as possible, but not
lat er t han one m ont h from t he dat e of product ion of t he
cert ified copy of t his order.
4. Mr. Raj endra Dobhal, learned Senior
Advocat e, has furt her request ed t o dism iss t he writ
pet it ion filed in relat ion t o t he pet it ioner nos.2, 3 and 4
as infruct uous.
5. Mr. M.S. Bisht , learned Brief Holder, has
sought six weeks’ t im e to decide t he said
represent at ion.
6. Wit h t he consent of bot h t he part ies, t he
present writ pet it ion ( M/ S No.839 of 2022) filed in
relat ion t o t he pet it ioner no.1- Sohan Lal Kanswal is
disposed of wit h a direct ion t o t he Rehabilit at ion
Direct or/ Dist rict Magist rat e, Tehri Garhwal, t he
respondent no.3, t o decide t he said represent at ion
dat ed 03.04.2024 ( Annexure No.3 to t he
supplem ent ary rej oinder affidavit ) wit hin a period of six
weeks’ from t he dat e of product ion of t he cert ified copy
of t his order.
7. I t is m ade clear t hat t his Court has not
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2024:UHC:9832
expressed any opinion on t he m erit s of t he case.
8. The present Writ Pet it ion filed in relat ion t o
t he pet it ioner no.2- Balak Ram , pet it ioner no.3-
Sekranand and pet it ioner no.4- Sm t . Baisakhi Devi is
dism issed as infruct uous.
___________________
ALOK KUM AR VERM A, J.
Dt : 23.12.2024
Neha
Digitally signed by NEHA BISHT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
NEHA BISHT
UTTARAKHAND,
2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be7
53f014836d27, postalCode=263001, st=UTTARAKHAND,
serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE
44CA9CCE487B2FE0F92, cn=NEHA BISHT
Date: 2024.12.23 19:43:49 +05’30’
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