2025:UHC:11583-DB HI GH COURT OF UTTARAKHAND AT NAI NI TAL W r it Pet it ion ( PI L) No.1 4 0 of 2 0 2 5 2 4 Decem ber , 2 0 2 5 Mange Ram Saini ---Petitioner Ver su s State of Uttarakhand and Others --Respondents -------------------------------------------------------------- Pr esen ce:- Mr. Susheel Kumar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the petitioner. Mr. B.S. Parihar, learned Addl. C.S.C. along with Mr. S.S. Chaudhary, learned Standing Counsel 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 Petitioner is resident of Village Shantarshah, Pargana & Tehsil Roorkee, District Haridwar. According to him, respondent nos.5 to 8 have undertaken digging activities on a public pathway situated in Khasra No.331 and 332. 2. By means of this petition, petitioner has sought the following reliefs: “i) Issue a writ, order or direction in the nature of mandamus directing the Respondents No.1 to 4 to immediately stop the illegal digging/ mining activities being carried out by private Respondents on the public pathway situated in Khasra No.331, admeasuring 1770 hectare & Khasra no.332, admeasuring 0.0210 hectare, Village Shantarshah, Pargana & Tehsil Roorkee, District Haridwar and take appropriate action in accordance with law; ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to restore the said public pathway to its original condition and 1 2025:UHC:11583-DB ensure that no such encroachment or misuse occurs in the future; iii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioners.” 3. Learned State Counsel, on instructions, however, submits that public drain is being constructed over Khasra No.332 and whatever digging work was undertaken, it was for construction of drain. He submits that the allegation of illegal mining by respondent nos.5 to 8 is incorrect and unfounded. 4. Learned State Counsel further points out that the land in question over which the digging work is being undertaken, is recorded as drain in the revenue records. 5. Written instructions produced by the State Counsel in the Court are taken on record. The Registry shall paginate the written instructions. 6. Having regard to the statement made by learned State Counsel, we do not find any reason to interfere in the matter. The public authorities are justified in constructing a public drain as in the absence of drain, during rainy season great difficulty is reportedly faced by the villagers. 7. The writ petition thus fails and is, accordingly, dismissed. ( Su bh ash Upadh yay, J.) ( Man oj Ku m ar Tiw ar i, J.) 24.12.2025 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=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b18 85e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C4226136 1AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.12.24 17:37:08 +05'30'