Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8668 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2791/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. S.R.S. Gill, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State.
2. Petitioner is a resident of Patti Kalan, Sultanpur Patt, Tehsil Swar, District Rampur, U.P. According to him, he moved an application under Section 152 of BNSS, 2023 filed on 09.09.2025 for removal of encroachment from a public road. By means of this petitioner, petitioner has sought the following reliefs:
“i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to remove the obstruction done by the respondent no. 3 on a public path which passes through khasra no. 23 in Revenue Village Dhabora Atmali, Tehsil Kashipur, District Udham Singh Nagar.
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to take immediate action on the application dated 09-09-2025 moved by the petitioner for removal of obstructions (contained as Annexure no. 4 to this writ petition).
iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to take necessary action against the respondent no. 3 for obstructing public path in such a manner/”
3. Since the application filed by petitioner is pending before Sub Divisional Magistrate,
2025:UHC:8668 Kashipur, therefore, the writ petition is disposed of with direction to S.D.M to make endeavour to decide the application within eight weeks from date of presentation of certified copy of this order.
4. It goes without saying that other side shall also be heard by S.D.M. before passing any
order.
5. Pending application(s), if any, stand
disposed of.
(Manoj Kumar Tiwari, J.) 25.09.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.25 17:34:03 +05'30'