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2021 Supreme(UK) 434
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Nanda Ballabh Sharma - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2665 of 2021
Decided On : 14-12-2021
Sandeep Tiwari, Advocate, M.S. Bisht, Advocate
The court has the authority to direct the completion of measurement to address encroachment issues on public paths.
Headnote:
Encroachment - Public Path - The court directed the Sub-Divisional Magistrate to complete the measurement of land to ascertain the extent of encroachment over the public path connecting two villages.
Fact of the Case:
The petitioner claimed that a public path connecting two villages had been encroached upon, and despite a previous order, the measurement of the encroachment had not been completed.
Finding of the Court:
The court directed the Sub-Divisional Magistrate to complete the measurement of the land to ascertain the extent of encroachment within a stipulated time frame.
Issues: Encroachment of public path, delay in measurement
Ratio Decidendi: The court found in favor of the petitioner and directed the completion of the measurement to address the encroachment issue.
Final Decision: The writ petition was disposed of with a direction to the Sub-Divisional Magistrate to complete the measurement of the land within eight weeks.
JUDGMENT
Manoj Kumar Tiwari, J. - According to the petitioner, a public path, connecting Village Durgapalpur Motiram and Village Dungarpur, has been encroached upon by certain individuals. Sub-Divisional Magistrate, Lalkuan had directed the Tehsildar to get the encroachment removed, after measuring the land.
2. Grievance of the petitioner is that despite order passed by Sub-Divisional Magistrate, the work of measurement, which was started in the month of November, 2020 has not been completed so far.
3. Learned counsel for the petitioner confines his prayer and submits that Sub-Divisional Magistrate, Lalkuan be directed to get the work of measurement completed within some stipulated time frame.
4. Mr. M.S. Bisht, learned Brief Holder for the State submits that he has no objection if such direction is issued.
5. Accordingly, the writ petition is disposed of with a direction to Sub-Divisional Magistrate, Lalkuan to get the work of measurement of land completed to ascertain the extent of encroachment over the land in dispute, as early as possible, but not later than eight weeks from the date of production of such representation along with certified copy of this order.
