Hon'ble Mr. Justice Madan Bhimarao Lokur
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 1332/2009
DOKHAM TIBBAT FOUNDATION Appellant(s)
VERSUS
SATE OF UTTRANCHAL & ANR. Respondent(s)
O R D E R
We have heard learned counsel for the parties. The appellant
filed a suit for injunction (being Suit No. 212 of 2003) before the
Additional District Judge, Dehradun.
According to the appellant, there was said to be an attempt to
forcibly dispossess them by the respondents and that is what drove
them to file a suit for injunction.
The Trial Court granted the injunction but on appeal the High
Court by the impugned judgment and order dated 07.11.2007 in First
Appeal No. 64/2003 set aside the order of the Trial Court. The
High Court went to the extent of holding that the grant of land to
the appellant under the U.P. Bhoodan Yagana Act, 1952 was not
permissible or irregular.
We have been informed that steps have not been taken by the
respondents under the U.P. Bhoodan Yagana Act, 1952 to cancel the
grant made to the appellant.
In view of the above, it is clear that the possession of the
appellant is not in dispute. That being the position, the
appellant will not be dispossessed from the allotted land under the
U.P. Bhoodan Yagana Act, 1952 or the land allotted to them in
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exchange of land under the said Act, except in accordance with law
or any other law.
Should any steps be taken in this regard, all contentions are
open to the parties.
In view of the above, the order passed by the High Court is
set aside.
The civil appeal is disposed of. No order as to costs.
� ....................J.
[MADAN B. LOKUR]
� ....................J.
[DEEPAK GUPTA]
NEW DELHI;
APRIL 18, 2018.
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ITEM NO.109 COURT NO.4 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 1332/2009
DOKHAM TIBBAT FOUNDATION Appellant(s)
VERSUS
SATE OF UTTRANCHAL & ANR. Respondent(s)
Date : 18-04-2018 This appeal was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Appellant(s) Mr. Vijay Hansaria, Sr. Adv.
Mr. Gaurav Jain, Adv.
Ms. Abha Jain, AOR
For Respondent(s) Mr. Jatinder Kumar Sethi, Dy. A.G.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Ashutosh Sharma, Adv.
Mr. Kamlendra Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
The civil appeal is disposed of in terms of the signed order.
Pending applications, if any, are disposed of.
(MEENAKSHI KOHLI) (TAPAN KUMAR CHAKRABORTY)
COURT MASTER COURT MASTER
[Signed order is placed on the file]
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