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2025 DAILYLAW 15114 (UTT)

SULEMAN v. DISTRICT MAGISTRATE HARIDWAR

WPMS/3222/2025 · 2025-11-20

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10324 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3222/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mohd. Safdar, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner has sought the following relief:- (i) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to decide the representation of petitioner and remove the encroachment done but private respondent after due spot inspection and verification of records. 4. In para 7 & 8 of writ petition, following averments have been made:- “7. That it is submitted that in the residential colony developed by Shahnawaz all the land purchasers have been stated not to raise any construction over the land which is left for approach road and in every sale deed it is specifically mentioned that the purchasers will not encroach upon the land left as approach land. 8. That the respondent Imrana after taking possession over the purchased land encroached the land which was left as approach road for the other plot purchasers and she has erected a wall over the said land of approach road.” 5. In the representation, allegedly made on 02.08.2025 to Sub-Divisional Magistrate, Roorkee also, petitioner has raised the issue of encroachment by Smt. Imrana W/o Ashraf. 2025:UHC:10324 6. Learned State Counsel is right in submitting that some private dispute is being given a different colour for filing writ petition. 7. Since petitioner has remedy of approaching Civil Court for the removal of alleged encroachment by Smt. Imrana, therefore, the writ petition is dismissed, with liberty to petitioner to approach the Competent Court of law. (Manoj Kumar Tiwari, J) 20.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.20 03:45:56 -08'00'