Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8248-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE MR. G. NARENDAR, C.J.
HON’BLE MR. ASHISH NAITHANI, J
Special Appeal No. 266 of 2025
Shahrukh Khan & Others
…Appellants
Versus
District Magistrate, Haridwar & Others
…Respondents
Counsel for the appellants
Counsel for the State/Respondent nos. 1 to 3
Counsel for respondent no. 4 :
:
: Mr. Arvind Kumar Sharma, learned counsel.
Mr. J. C. Pandey, learned Standing Counsel
Mr. Bilal Ahmed, learned counsel.
JUDGMENT : (per HON’BLE MR. G. NARENDAR, C.J.)
Heard the learned counsel for the appellants and learned counsel for the respondents.
2.
We have perused the order under appeal. In paragraph no.7, the first sentence reads as under:-
“The writ petition is disposed of with a liberty to the petitioner to give a representation to the Sub Divisional Magistrate, Roorkee within two weeks for demarcation as per rules.”
3. In our considered opinion, the learned Single Judge, in all probability, intended the word ‘survey’. We infer so in view of the subsequent sentence, which reads as under:-
“If the application is filed as per rules, the Sub Divisional Magistrate, Roorkee shall take a decision on the representation of the petitioner within eight weeks thereafter.” 1
2025:UHC:8248-DB
4. In that view, the appeal is disposed of by omitting the first sentence in paragraph no.7. It is needless to say that the right to seek survey is vested in the individual on paying necessary fees and complying with the requirements of law.
5. In that view, the writ petition was disposed of by placing on record the representation of the Government Counsel as recorded in paragraph no.5.
6. In that view, it is open to the parties to approach the competent authority for survey of the land in their possession. If such an application is made, the same shall be considered by the competent authority within an outer limit of eight weeks.
7. The special appeal stands
disposed accordingly.
G. NARENDAR, C.J.
ASHISH NAITHANI, J.
Dt:16th September, 2025 NR/Akash
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