2025:UHC:8587 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2766/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Siddhartha Sah, Advocate for the petitioners. Mr. Devesh Ghildiyal, Brief Holder for the State. Mr. Vipul Sharma, Advocate for the Nagar Nigam. 2. According to petitioner, he purchased plot No. A-47, Commercial Area, Rudrapur along with building standing thereon, from Smt. Shikha Agarwal by sale deed dated 04.08.2010, registered on 20.08.2010. 3. The Nagar Nigam, Rudraupur has issued notices on 31.01.2024, 01.05.2024 and 06.09.2025 to the petitioner asking him to vacate the land in question by alleging that it belongs to the State Government. Thus feeling aggrieved, petitioner has filed this writ petition, seeking the following reliefs: “i) issue a writ, order or direction in the nature of certiorari to quash the notices dated 31/01/2024 and 1/5/2024 issued by Sahayak Nagar Ayukt, Nagar Nigam, Rudrapur, Udham Singh Nagar (Contained in Annexure Nos. 5 and 6 respectively) ii) issue a writ, order or direction in the nature of certiorari to quash the notice dated 06/9/2025 Nagar Ayukt Nagar Nigam Rudrapur, Udham Singh Nagar (Contained in Annexure Nos. 8) iii) issue a writ, order or direction in the nature of mandamus commanding the respondents 2025:UHC:8587 not to interfere with Petitioners' peaceful possession of the property in question bearing Shop No. A 47 Main Bazaar, Commercial Area, Rudrapur, Distt. U S Nagar.” 4. Learned counsel for the petitioners submits that the land in question was originally allotted to a person displaced due to partition and petitioner derives his title through the sale deeds which was executed by original allottee to his successor-in-interest, therefore it is wrong to allege that petitioner is a encroacher. 5. Per contra, Mr. Vipul Sharma, learned counsel appearing for Nagar Nigam submits that as per stand taken in the writ petition, in para 6, the land was leased out to the predecessor-in- interest of the petitioner for a term of 30 years; upon expiry of 30 years, neither petitioners nor their predecessor-in-interest exercised their right for renewal of the lease. 6. He further submits that District Magistrate has constituted a Committee to look into the question of title of land abutting roadside, therefore petitioner can make his submission before the said Committee. 7. Mr. Siddhartha Sah, learned counsel appearing for petitioners submits that petitioners have already made representation to the Nagar Nigam on 11.09.2025. Since the Committee has been constituted to look into the question of encroachment/title, therefore, writ petition is 2025:UHC:8587 disposed of with liberty to petitioner to present his case before the committee so constituted by the District Magistrate. 8. If petitioner approaches the Committee by making a written submission within a week from today, the Committee shall look into the matter and take appropriate decision, as per law. 9. Till the decision is taken by the Committee, no coercive action shall be taken against petitioners. 10. Let a certified copy of this order be issued within 24 hours, as per rule. (Manoj Kumar Tiwari, J.) 24.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b 08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9E A4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.24 18:19:31 +05'30'