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2025 DAILYLAW 10502 (UTT)

RAM CHANDRA NAUTIYAL v. DIRECTOR REHABILITATION TEHRI DAM PROJECT NEW TEHRI

WPMS/2486/2025 · 2025-08-22

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7440 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2486/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Pradeep Chamiyal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, an agricultural land was allotted to him at Roshnabad, District Haridwar in lieu of land situate in Tehri, which was acquired for Tehri Dam Project, however, respondent no. 4 has encroached upon the said land and Deputy Revenue Officer had issued a notice to respondent no. 4 on 02.05.2025, but thereafter no steps have been taken by 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 the respondent authorities to remove the encroachment done by the private respondent and evict the private respondent and evict the private respondent from the plot no. 58(A) situated at rehabilitation place Roshnabad Haridwar, which was allotted to the petitioner under the rehabilitation scheme. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 1 to take appropriate action on the representation of the petitioner dated 03.06.2025 within some stipulated time period. 5. The relief, as claimed in the writ petition, cannot be granted in 2025:UHC:7440 proceedings under Article 226 of the Constitution. The writ petition is, however, disposed of by permitting the petitioner to make representation to respondent no. 2. If he makes representation within two weeks from today, respondent no. 2 shall take necessary steps, as per law, within six weeks thereafter, but only after giving reasonable opportunity of hearing to respondent no. 4. (Manoj Kumar Tiwari, J) 22.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D 26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.22 07:15:58 -07'00'