1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1139 of 2008 (M/S) Alias son of late Sri Mehandi Hasan and another … Petitioners. Versus Gram Sabha, Khushalpur, Pargana Pachwadoon District Dehradun through Gram Pradhan. ……Respondent. Date: - January 7, 2009. Hon’ble B.S. Verma, J. Heard Sri G.D. Joshi, advocate holding brief for Sri Lokendra Dobhal, learned counsel for the petitioners. None present for the Gaon Sabha despite of service. By means of this writ petition, the petitioner has sought a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.5.2008 passed by learned Additional Collector (Administration) Dehradun (Annexure No. 8 to the writ petition) and judgment & order dated 30.5.2001 passed by Tehsildar, Vikas Nagar, Dehradun (Annexure No. 5 to the writ petition). Briefly stated facts giving rise to the writ petition are that notice 49 (A) was issued against the petitioner by Tehsildar, Vikas Nagar for eviction from plot no. 265/2 area 0.244 hectare of Village Khashalpur, Pargana Vikas Nagar Pachawadun, District Dehradun since the land belongs to Gaon Sabha. The petitioner has filed objection. The petitioner has stated in paragraph 5 of his objection that the petitioner is not in possession of the aforesaid plot. 2 The Tehsildar on the basis of inspection dated 3.1.2001 found the possession of the petitioner and imposed Rs. 10,000/- as damages. Aggrieved by the order dated 3.1. 2001, the petitioner preferred a revision before the Collector, Dehradun on the ground that the petitioner is in possession on his own land that is plot no. 204, 205, 206, 211, 212 and 244 M as co-sharer. The learned Collector has also rejected the revision on the same ground. Since the petitioner is not claiming possession over the plot no. 265/2 and he only claims his possession on his own land, in view of the Judgment reported in RD 1987 page 204 (Ram Singh Vs. State of U.P. and others), if the petitioner is not claiming possession over the plot, he may not be asked to pay damages to Gaon Sabha as awarded by Tehsildar. The writ petition is partly allowed and the compensation rupees Ten thousand imposed on the petitioner, shall not be recovered from him. The eviction finding is affirmed. Interim order dated 15.7.2008 stands vacated. All the pending applications stand disposed of accordingly. Dated: 7.1.2009 (B.S. Verma, J.) RMY