2025:UHC:9789 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 0 7 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Pankaj Singh Chauhan, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. (2) Assistant Engineer (First), Construction Division, PWD, Haldwani has issued a notice to petitioner on 9.10.2025, whereby petitioner has been asked to remove his encroachment over roadside land within seven days. Petitioner contends that he had submitted reply to the earlier notice dated 16.6.2025, but the same was not considered and petitioner has been simply asked to remove encroachment, while petitioner has not made any encroachment over public land. (3) Learned Counsel for the petitioner submits that copy of old and new khatauni was also enclosed with petitioner’s representation, therefore it was incumbent upon the concerned authority of Public Works Department to consider all relevant aspects. (4) Learned State Counsel submits that the writ petition can be disposed of with a direction to the competent authority in Public Works Department to pass order afresh after considering the reply submitted by the petitioner. (5) Perusal of the impugned notice dated 9.10.2025 does not reflect consideration of petitioner’s reply by the competent authority. Since valuable property right of the petitioner is involved, 2025:UHC:9789 therefore, direction to remove encroachment can be issued only after arriving at the satisfaction that petitioner has encroached upon public land. (6) Writ petition is, accordingly, disposed of with a direction to Assistant Engineer (First), Construction Division, PWD, Haldwani to take decision in the matter afresh, after considering petitioner’s reply dated 3.7.2025, Annexure-3 to the writ petition. This Court hopes and expects that Assistant Engineer concerned shall take decision in the matter as early as possible but not later than six weeks from the date of presentation of certified copy of this order. For a period of six weeks or till decision is taken in the matter, whichever is earlier, no coercive action shall be taken against the petitioner. ( Man oj Ku m ar Tiw ar i, J.) 6 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3 C91957BE53, cn=PRABODH KUMAR Date: 2025.11.06 18:01:13 +05'30' 2025:UHC:9789