IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1821 of 2006 (M/S) Balwant Singh … Petitioner Versus A.D.J./IIIrd F.T.C., Dehradun & others … Respondents Hon’ble Tarun Agarwala, J. Heard Mr. Neeraj Garg, the learned counsel for the petitioner, Mr. R.C. Arya, the learned Brief Holder for the State/respondent No. 1 and Mr. Nagesh Agarwal, the learned counsel for respondent Nos. 2 to 5. 2. Having heard the learned counsel for the parties at some length, the Court is of the opinion that the order of the lower appellate court rejecting the application for appointment of a Survey Commissioner, to survey and earmark the land in question, does not suffer from any error of law. The trial court decreed the suit holding that the plaintiff is the owner and in possession of the land in question and that the defendants were unnecessarily encroaching the land of the plaintiff. Specific issue with regard to the ownership was framed and a finding has been given to that effect in favour of the plaintiff. Another issue with regard to interference by the defendants was specifically framed and the trial court has given a specific finding on it against the defendant. The stand of the defendants that the property belongs to them which in turn was handed over to Gram Sabha and the plaintiff has encroached upon the land of the Gram Sabha was not believed. Consequently, an application for survey, in order to find out the extent of the land of the petitioner with that of the Gram Sabha, does not, in the opinion of the court, 2 solve or decide a relevant issue, since no such issue on this aspect has been framed. The decision cited by the learned counsel for the petitioner in the case of Shreepat Vs Rajendra Prasad & others reported in JT 2000 (7) SC 379 has no application in the present case. 3. The writ petition is, accordingly, dismissed. 4. Certified copy of this order shall be sent by the Registry to the court below, within two weeks from today, for necessary information and action. (Tarun Agarwala, J.) 28.12.2011 Aswal