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RITU BAHRI, RAKESH THAPLIYAL
Prabha Gururani – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Rakesh Thapliyal, J.)
1. By the instant petition, the petitioners are praying for the following reliefs:-
ii) Issue a writ, order or direction in the nature of certiorari mandamus directing the respondents not to take forceful possession of the land under the ownership of the petitioners and not to demolish the boundary wall and gate of the petitioners in pursuant to the notice dated 17-01-2024 and 22-02-2024.
iii) Pass any other or further order(s)/ writ(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
iv) Award the cost of the petition to the petitioner.”
2. The main contention of the petitioners is that the predecessor of the petitioners, namely, late Harish Chandra Gururani was having certain agricultural land in khasra No. 29, who was continuously cultivating the aforesaid land and also constructed a house. In the year 2006, the Public Works Department, Constructio
The court established that encroachment on government land, as determined by official measurements and inspections, invalidates claims of ownership.
Point of law: A survey for fixing the boundaries of two villages had to be done under the provisions of Survey and Settlement Act by the Department of Survey Settlement and Land records. There was no....
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