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2023 Supreme(UK) 566

RAVINDRA MAITHANI
Garhwal Mandal Vikas Nigam Limited – Appellant
Versus
Commissioner Garhwal Region, Pauri – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Kothari.
For the Respondents: Mr. T.S. Fartiyal, Add. C.S.C., Mr. B.P. Nautiyal, Sr. Adv. assisted by Mr. Manokam Nautiyal.

JUDGMENT

(Ravindra Maithani, J.) :

The challenge in this petition is made to an order dated 22.06.2018, passed by the respondent no.2 the District Magistrate, Tehri Garhwal, by which, freehold rights have been granted in favour of the respondent no. 3 over Khata No.3/7, Khasra No. 7 admeasuring 5 Nali, 7 Muthi i.e. 1090 Sq. Meters in Village Dhalwala, Rishikesh (“the disputed land”) as well as an order dated 29.01.2022, passed by the respondent no.2 the District Magistrate, Tehri Garhwal, by which an application for recalling order dated 22.06.2018 has been rejected.

2. Heard learned counsel for the parties and perused the record.

3. Facts necessary to appreciate the controversy, briefly stated, are as follows:-

    The petitioner is one of the important tour operators for Char Dham Yatra, which also starts from Rishikesh. The petitioner in the year 1992-93 requested the respondent no.2 the District Magistrate, Tehri Garhwal that a piece of land admeasuring 18 Nali or 37400 Sq. Meters (“the land”) situated in Village Dhalwala, Rishikesh be transferred to it for workshop-cum-parking space. The petitioner’s further case is as follows:-

(i) The petitioner was given possession of the land.

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