2025:UHC:7708 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2933/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Prakash Chandra, Advocate for the petitioners. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand / respondents nos. 1 to 4. 3. Mr. Shakib Husain, Advocate for respondent nos. 5 to 7. 4. Petitioners are resident of Village Chudiyala Mohanpur, Pargana & Tehsil Bhagwanpur, District Haridwar. According to them, respondent nos. 5, 6 & 7 have encroached upon land belonging to Gram Sabha, comprised in Khasra No. 426. 5. A counter affidavit has been filed by Mr. Dayaram, Tehsildar Bhagwanpur. Paragraph nos. 6 & 9 of the said counter affidavit, are extracted below:- “6) That the contents of para 4 & 5 of the writ petition as stated are not admitted. in reply it is submitted that on 01.08.2019 respondent no. 5, 6 & 7 has obtained stay in respect of land Khasra No. 427 from the court of Learned Additional Civil Judge(Senior Division), Roorkee, original Case No. 222/2013, Pradeep Kumar and ors Vs State of Uttarakhand and ors. But in garb of the aforesaid stay order the respondent no. 5, 6 & 7 has illegally encroached some part of Khasra No. 426, which is recorded as Manure Pits (Khaad ke Gaddhe) in revenue records. Therefore under the garb of stay order dated 01.08.2019 the petitioner is illegally encroaching the land in question. 9) That the contents of para 9 of the writ petition are not admitted. However as it is already submitted that due to the pendency of the matter and as per State order passed in Case no. 222/2013, Pradeep Kumar and ors Vs State of Uttarakhand and ors, no action regarding evicting/removing the encroachment has been taken.” 2025:UHC:7708 6. Learned State Counsel submits that respondent nos. 5 to 7 are party to a suit in respect of land comprised in Khasra No. 427 and under the garb of the interim injunction passed in the said suit, they appear to have encroached upon land comprised in Khasra No. 426 also. 7. From the pleadings made in the writ petition, it is apparent that the land, which is encroached upon is public utility land, belonging to the Gram Sabha. No one can be permitted to make encroachment over public utility land. 8. In such view of the matter, the writ petition is disposed of with a direction to the Sub Divisional Magistrate, Bhagwanpur to get the land comprised in Khsara No. 426 demarcated and ensure that encroachment over the said land is removed, within six weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 29.08.2025 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=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.30 11:25:49 +05'30'