Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 14641 (UTT)

IBRAHIM v. STATE OF UTTARAKHAND

WPMS/3029/2025 · 2025-11-04

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9746 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3029/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Ankur Sharma, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Pankaj Chaturvedi, learned counsel for the respondent-Uttarakhand Jal Sansthan. 4. According to petitioner, he is Bhumidhar in possession over a piece of land, over which, Uttarakhand Jal Sansthan is proposing to construct a Sewage Treatment Plant. 5. By means of this writ petition, petitioner has sought the following relief:- (i) Issue a writ, order or direction in the nature of Mandamus restraining the respondents from interfering with or taking possession of the petitioner’s property bearing Khata No. 00582 having its Khasra No. 1329 Village Bhimawala, Pargana Pachwadoon, Tehsil Vikasnagar, District Dehradun without any lawful authority or document. (ii) Direct the respondents to produce before this Hon’ble Court any authentic ownership or acquisition record, if available, in support of their claim. (iii) Declare that the respondents’ action of attempting to take over the petitioner’s property without due process is illegal and unconstitutional. 6. Since the writ petition cannot be decided without recording evidence, therefore, this Court is not inclined to 2025:UHC:9746 entertain this petition. 7. However, having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the Executive Engineer of the concerned Division of Uttarakhand Jal Sansthan by making a representation. If petitioner makes representation within ten days from today, Executive Engineer concerned shall take decision thereupon by passing a reasoned order, within three weeks thereafter. It shall be open to the petitioner to enclose all documents in support of his claim regarding title over the land in question. (Manoj Kumar Tiwari, J) 04.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610 C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.04 03:26:04 -08'00' 2025:UHC:9746