2025:UHC:9861 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 1 0 5 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Siddharth Bankoti, learned counsel for the petitioner. 2. Mr. Maneesh Bisht, Advocate holding brief of Mr. Vipul Sharma, learned counsel for respondent-Municipal Corporation Rudrapur. 3. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 4. Assistant Municipal Commissioner, Nagar Nigam Rudrapur issued a notice to petitioner on 30.04.2024, asking him to remove his encroachment over public road; the extent of encroachment indicated in the notice is 8.15 X 3.70 sq. mtrs. 5. Learned counsel for the petitioner contends that petitioner has not made any encroachment over public land; the land over which petitioner’s building is standing was allotted by State Government to a person, who had migrated to Rudrapur after partition, and that allottee, had transferred the said land to petitioner, which is a Bhumidhari land; freehold rights have been given to petitioner in respect of land in question, which was purchased by petitioner on 13.08.1996. Thus, learned counsel submits that allegation, made in the notice that petitioner is encroacher over public land, is absolutely incorrect. 6. Learned counsel for the petitioner 2025:UHC:9861 submits that this Court has decided similar issue in WPMS No. 2766 of 2025, therefore, the writ petition may also be decided in terms of said order. 7. Mr. Maneesh Bisht, learned counsel appearing for Municipal Corporation Rudrapur submits that he has no objection, if the writ petition is decided in terms of judgment rendered WPMS No. 2766 of 2025. 8. In view of consensus between the parties, the writ petition is decided in terms of order dated 24.09.2025 rendered in WPMS No. 2766 of 2025. Petitioner shall be at liberty to give reply to the impugned notice to the Committee constituted by District Magistrate, Udham Singh Nagar, to look into the question of title of land which abuts highways. Petitioner shall also enclose all documents in support of his claim regarding title over the land in question. If petitioner submits reply, along with all relevant documents, within one week from today, Committee shall examine the matter and pass appropriate order, as per law, within four months from the date of submission of reply. Till decision is taken by the Committee, no coercive action shall be taken against the petitioner. 9. Let certified copy of this order be supplied to the petitioner today itself on payment of usual charges, as per rule. ( Man oj Ku m ar Tiw ar i, J) 10.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE 58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.10 02:39:16 -08'00' 2025:UHC:9861