2025:UHC:9151 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2901/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State. 2. Petitioner has challenged amended notice dated 02.09.2025, issued by Sub Divisional Magistrate, Ramnagar (Nainital). By the said notice, petitioner was asked to remove encroachment over the land comprised in Khasra Nos. 108, Khasra No. 134(kha) and Khasra No. 135(kha), total admeasuring 1.520 hectare land. 3. According to petitioner, he has been directly asked to remove his encroachment without affording any opportunity of hearing. 4. Petitioner further contends that he is in possession over the land in question for sufficiently long period of time, therefore, he cannot be summarily asked to remove his encroachment. 5. Learned State Counsel, per contra, submits that petitioner do not have any right, title or interest over the land in question which is public land recorded in revenue record as category 5 (3) (da). 2025:UHC:9151 6. This Court is not inclined to interfere in the matter, as it is for the authorities to decide whether petitioner has any semblance of right, title or interest over the land in question. 7. The writ petition, however, is disposed of with liberty to petitioner to submit reply to the impugned notice before the Sub Divisional Magistrate. 8. If petitioner submits reply within two weeks from today, SDM concerned shall consider the reply submitted by petitioner and pass appropriate order, as per law within eight weeks from date of receipt of such reply. 9. For a period of ten weeks or till the decision is taken by SDM, whichever is earlier, petitioner shall not be dispossessed from the land in question. 10. Pending application(s), if any, also stand disposed of. (Manoj Kumar Tiwari, J.) 14.10.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1 a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B 1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.14 17:53:44 +05'30'