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2022 Supreme(UK) 134

SHARAD KUMAR SHARMA
Kirti Saran Agarwal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sudhir Kumar, Advocate
For the Respondent:Mr. M.S. Bisht, Mr. Shobhit Joshi, Advocate, on behalf of Mr. Ashish Joshi, Advocate

JUDGMENT :

Sharad Kumar Sharma, J.

The petitioner alleging himself to be a recorded tenure holder of the land lying in Plot Nos. 177, 203 and 206 in Village Kamluaganza Narsinghtaalla, Tehsil Haldwani, District Nainital, had approached this Writ Court for the following reliefs :

    “i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to measure and demarcate the land of the road constructed over plot No. 177, 203 and 206 in village Kamluaganza Narsinghtalla, Tehsil Haldwani, District Nainital, and to acquire the same in accordance with the directions issued by this Hon’ble Court in judgment dated 10.12.2019, passed in WPMS No. 37 of 2019, Kirti Sharan Agarwal Vs. State of Uttarakhand and others;

ii. issue a writ, order or direction in the nature of mandamus commanding the respondents to deliver the vacant possession of the remaining area, if any after acquisition of Plot No. 177 in village Kamluaganza Narsinghtalla, Tehsil Haldwani, District Nainital, after removing encroachments thereon.

iii. award costs of this petition to the petitioner against the respondent;

AND

iv. pass such other and further writ, order or direction as this Hon’ble Court may deem f

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