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2024:UHC:7783 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 2 8 5 0 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. D.S. Patni Senior Advocate, assisted by Mr. Dharmendra Barthwal, Advocate for the petitioner.
2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel and Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand.
3. Mr. Rahul Consul, Advocate for respondent no. 2.
4. Mr. Ashish Joshi, Advocate for respondent no. 3, through video conferencing.
5. According to the petitioner, he was running two shops in Ghosi Gali, Paltan Bazar, Dehradun since last several years, however, Mussoorie Dehradun Development Authority has passed an order restraining petitioner from running those shops.
6. Mr. Rahul Consul,
learned counsel appearing for respondent no. 2 submits that it is a nazul land belonging to State Government, over which petitioner was unauthorizedly running the shops, without permission from Government authority; since he was found to have tress- passed over Government land, therefore, he was restrained from running the shops.
7. Learned State Counsel submits that the land belongs to the State Government, therefore, no one can be permitted to run shop over Government land, without prior permission of the competent authority.
2024:UHC:7783
8.
Learned counsel for the petitioner, however, claims that petitioner has title over the land.
9. This Court cannot go into the question of titles in writ proceedings.
10. Accordingly, the writ petition is
disposed of with liberty to petitioner to make representation to the Vice Chairman, MDDA. If he makes representation within two weeks from today, decision thereupon shall be taken within six weeks thereafter. It shall be open to the petitioner to produce all documents in support of his claim for title over the land in question. It goes without saying that all the stakeholders, including the State Government, shall also be heard before passing any order.
( Man oj Ku m ar Tiw ar i, J.)
20.11.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.21 10:02:43 +05'30'