2025:UHC:8528 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2738/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Deepak Petshali, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Ms. Anjali Bhargava, learned counsel for the respondent-Gaon Sabha. 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 directing the respondent no. 4 do not enter in petitioner land in compliance with the order dated 01.08.2019 passed by the Civil, Judge, Senior Division, Roorkee, District Haridwar. (ii) Issue a Writ order or direction in the nature of Mandamus directing the respondent no. 4 not to restrain the petitioner’s from constructing on their own land. 5. Learned counsel for the petitioner submits that he may be permitted to withdraw prayer no. 1, as petitioner has instructed him not to press the said prayer. 6. In such view of the matter, the relief, as claimed in prayer no. 2, alone is considered. 7. Learned counsel for the petitioner submits that petitioner is Bhumidhar in respect of land comprised in Plot No. 427 situate in Mauja Chudiyala Mohanpur, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar, however, respondent no. 4 is not permitting him to raise construction over his land. 2025:UHC:8528 8. Learned counsel for the petitioner has relied upon a judgment dated 01.08.2019 rendered by learned Additional Civil Judge (S.D.), Roorkee in Original Suit No. 222 of 2013. 9. The judgment is enclosed as annexure no. 1 to the writ petition. Perusal thereof reveals that petitioner was plaintiff no. 1 in said suit and Hukum Singh S/o Krishna was defendant no. 2. 10. Learned counsel for the petitioner submits that despite judgment rendered by learned Additional Civil Judge (S.D.), he is not being permitted to raise construction. 11. Mr. Anjali Bhargava, learned counsel for Gram Sabha, however, submits that the judgment rendered by Additional Civil Judge has been appealed against, and appeal is pending before District Judge, Haridwar. 12. Learned State Counsel submits that petitioner is now trying to encroach upon land comprised in Plot No. 426. He has also drawn attention of this Court to an order dated 29.08.2025 passed in WPMS No. 2933 of 2023. 13. Having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting petitioner to make application to the Authority competent to grant sanction for building plan. If petitioner makes representation within two weeks from today, the Competent Authority shall take decision thereupon within eight weeks thereafter. (Manoj Kumar Tiwari, J) 23.09.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.23 05:26:33 -07'00' 2025:UHC:8528