SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures WPCRL 139/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. M.K. Goyal, Advocate, for the petitioner. Mr. J.S. Virk, Deputy Advocate General, assisted by Mr. Rakesh Kumar Joshi, Brief Holder for the State. Mr. Rahul Consul, Advocate, for the MDDA. (2) By means of this writ petition, petitioner has sought the following reliefs: “1. to issue a writ, order or direction in the nature of mandamus directing respondent no. 1 and 2 to protect the life, liberty and property of the petitioner from the illegal action and encroachment made by respondent no. 4 Ajay Singh Senior Superintendent of Police (S.S.P.) Dehradun. 2. to issue a writ, order or direction in the nature of mandamus directing respondent no. 3 Mussoorie-Dehradun Development Authority, Dehradun, to seal the illegal construction being raised by the respondent no. 4 Ajay Singh Senior Superintendent of Police (S.S.P.) Dehradun, on the property/land of the petitioner, after demolishing his residential House, situated at 74-A, Rajpur Road Dehradun, whose boundaries have been mentioned above, in the petition. 3. to issue a writ, order or direction in the nature of mandamus directing respondent no. 1 and 3 to demolish the illegal construction having been raised by the respondent no. 4 Ajay Singh Senior Superintendent of Police (S.S.P.) Dehradun, on the property/land of the petitioner situated at 74-A, Rajpur Road Dehradun, whose boundaries have been mentioned above, in the petition. 4. to issue a writ, order or direction in the nature of mandamus directing respondent no. 1 and 4 to compensate the loss and harm caused to the petitioner due to the pulling down of his residential House No. 74-A situated on the property/land of the petitioner at Rajpur Road, Dehradun, by the respondent no. 4 Ajay Singh Senior Superintendent of Police (S.S.P.) Dehradun.” (3) We are not inclined to go into the issues raised in this writ petition, as petitioner is claiming title based on a Will, allegedly executed by owner of the property, which is situate at Rajpur Road, Dehradun and allegedly was bequeathed to his mother and thereafter his mother executed a gift deed in favour of the petitioner. (4) Mr. B.D. Pande, learned Counsel representing one Mr. Arjun Singh Rohilla, submits that his client has purchased the property in question by means of a sale deed. He, however, concedes that the sale deed could not be registered. (5) Learned Counsel for the petitioner and also Mr. Ajay Singh Rohilla, both contend that their client is in possession over the property in question. A suit is reportedly pending in the Court of 4th Additional Civil Judge, Dehradun, which is numbered as O.S. No. 463 of 2018, which was filed by Mr. Rohilla. Another suit appears to have been filed by the petitioner, which is numbered as Suit No. 226 of 2021. (6) Learned Counsel for the petitioner submits that original owner of the property, Ms. Raksha Sinha, who executed Will in favour of petitioner’s mother, was living abroad, where she passed away long back. Learned State Counsel as all as Mr. B.D. Pande, however, submit that as per their instructions, Ms. Raksha Sinha is still alive. (7) Since question of title over property, in question, is pending consideration in various suits, pending before competent courts, therefore, this Court refrains from making any observation on the said issue. However, since there is an allegation that some person is unauthorisedly raising construction, by demolishing the structure existing over the land in question, without obtaining necessary sanction from Mussoorie Dehradun Development Authority, we dispose of the writ petition with a direction to Secretary, MDDA to ensure that no construction is raised over the land comprised in Plot No. 74-A, Rajpur Road, Dehradun, without obtaining necessary sanction as per the provisions of Uttarakhand Urban and Country Planning and Development Act, 1973. The construction, if permitted to be raised over the land in question, shall be subject to outcome of the pending suits. (8) Petitioner shall be at liberty to approach the SHO concerned for protection if there is real threat to his life and liberty. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 28.2.2025 Pr