2025:UHC:8719 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2794/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Bilal Ahmed, Advocate for the petitioners. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 3. Petitioners are residents of Village Jaurasi Jabardastpur, Tehsil Roorkee, District Haridwar. According to them, certain persons have encroached upon the chak road, due to which residents of the area are finding it difficult to reach their houses. 4. By means of this writ petition, petitioners have sought a mandamus to the Sub Divisional Magistrate to take decision on the application submitted on 08.01.2024. 5. Learned State Counsel points out that the proper remedy for the petitioner is to file application under Section 133 CrPC (now Section 152 BNSS) for removing the encroachment, if any. He submits that the application, referred to above, is just a representation and not an application under any statutory provision. 6. This Court finds substance in the submission made by learned State Counsel. 7. The writ petition is, accordingly, disposed of with liberty to petitioners to move proper application under Section 152 o BNSS. If petitioners move such application, the same shall be considered, as per law, after hearing the concerned persons. (Manoj Kumar Tiwari, J.) 26.09.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.26 18:59:25 +05'30'