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2025 Supreme(Online)(UK) 541043

HIGH COURT OF UTTARAKHAND
ADESH GIRI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 93 / 2023



Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 93/ 2023

Hon’ble Manoj Kumar Tiwari, J

1. Mr. S.C. Bhatt, learned counsel for

the petitioner.

2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of

Uttarakhand.

3. According to petitioner, a road was constructed over his agricultural field in Raiwala, Tehsil Rishikesh, District Dehradun; however, compensation for such acquisition has not been paid to

him.

4. By means of this writ petition, petitioner has sought the following

reliefs:-

(i) Issue a writ, order or direction in the nature of

mandamus commanding and directing the respondents to pay the compensation of Khaswra no. 233Ka in Khata no. 291 whose rakva/area of land is 0.265 hector which has been taken by the respondents for public road at village Raywala, Tehsil Rishikesh,

District Dehradun, in favour of the petitioner.

(ii) Issue a writ, order or direction in the nature of

mandamus directing the respondents to pay the compensation of Khasara no. 233Ka in Khata no. 291 whose rakva/area of land is 0.265 hector which has been taken by the respondents for public road at village Raywala. Tehsil Rishikesh, District Dehradun, along with interest in favour of the petitioner within in

stipulated time frame.

5. The stand taken in the counter affidavit is that the road in question was widened, however, petitioner’s land was

not acquired for construction of road.

6. Learned counsel for the petitioner submits that District Magistrate,

Dehradun be directed to examine petitioner’s claim for compensation, as per law.

7. Learned State Counsel submits that he has no objection, if the petition is disposed of in terms of the prayer made by learned counsel for the petitioner.

8. Accordingly, the writ petition is disposed of by permitting petitioner to make representation to District Magistrate, Dehradun for compensation. If he makes representation within three weeks from today, District Magistrate shall call a report from the Revenue Authority concerned and take decision, after hearing other stakeholders, within four months from the date of production of certified copy of this order along with representation.

(Manoj Kumar Tiwari, J)

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