2025:UHC:11509-DB HI GH COURT OF UTTARAKHAND AT NAI NI TAL W r it Pet it ion ( M/ B) No.1 1 0 9 of 2 0 2 5 2 3 Decem ber , 2 0 2 5 Mohammad Azeez and Others ---Petitioners Ver su s State of Uttarakhand and Others --Respondents -------------------------------------------------------------- Pr esen ce:- Mr. Vinay Kumar, learned counsel for the petitioners. Mr. Amrendra Pratap Singh, learned Addl. Advocate General along with Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State of Uttarakhand. -------------------------------------------------------------- Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay, J. ( Per : Hon ’ble Man oj Ku m ar Tiw ar i, J.) JUDGMENT Petitioners have challenged separate notices issued to them by the Assistant Engineer, Irrigation Division, Rudrapur, District Udham Singh Nagar on 08.12.2025. In the said notices, it is alleged that petitioners are unauthorisedly occupying Government land and they were asked to show-cause as to why necessary orders for removing their encroachment may be not passed within 15 days. 2. Learned counsel for the petitioners contends that forefathers of the petitioners migrated from other parts of State of U.P. for serving as labourer in construction of Haripura Dam and their families / forefathers have been residing over the land in question since 1970 and petitioners have also raised construction over the land in question. 1 2025:UHC:11509-DB 3. Since only notices were issued to the petitioners and they have the opportunity to give reply to the notices, therefore, learned counsel for the State is right in submitting that the writ petition is premature. The writ petition, is, accordingly, disposed of with liberty to the petitioners to give reply to the notices within 10 days from today. It shall be open to the petitioners to enclose all documents which support their claim for right, title or interest over the land in question. 4. The competent authority is directed to consider the reply submitted by the petitioners along with the supporting documents, while taking any decision in the matter. 5. For a period of one month or till decision is taken on the reply submitted by the petitioners whichever is earlier, status quo, as regards the structures raised by the petitioners, shall be maintained. ( Su bh ash Upadh yay, J.) ( Man oj Ku m ar Tiw ar i, J.) 23.12.2025 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d 49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42 261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.12.24 10:16:10 +05'30'