2025:UHC:9860 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 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Harshpal Sekhon, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned State Counsel for the State of Uttarakhand. 3. Respondent no. 4 was elected as Gram Pradhan of Village Manorathpur Pratham, Tehsli Jaspur, District Udham Singh Nagar in the last Panchayat election held this year. Petitioner alleges that family members of respondent no. 4 have encroached upon public utility land recorded as MARGHAT and TALAAB in revenue record. Thus, he submits that respondent no. 4 is disqualified from holding the Office of Pradhan under Section 8(1) of Uttarakhand Panchayati Raj Act. 4. Learned State Counsel submits that although petitioner has apparently made representation to District Magistrate, but the same was made only on 25.09.2025. He submits that petitioner appears to be in great haste, as he could not wait even for six weeks after filing representation. 5. Be that as it may, since petitioner has raised issue of encroachment over public utility land, which deserves to be examined by the Competent Authority, therefore, the writ petition is disposed of with a direction to District Magistrate, Udham Singh Nagar to consider representation made by petitioner on 25.09.2025 and take appropriate 2025:UHC:9860 decision, as per law, within four months from the date of presentation of certified copy of this order. It goes without saying that respondent no. 4 shall also be given reasonable opportunity of hearing, before taking any decision. ( 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=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C E3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.10 02:40:16 -08'00'