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2025 DAILYLAW 2557 (UTT)

NEERAJ KUMAR v. THE STATE OF UTTARAKHAND

WPPIL/24/2025 · 2025-02-24

Ashish Naithani, Manoj Kumar Tiwari

Public Interest Litigationbody2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures WPPIL 24/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. Arvind Kumar Sharma, Advocate, for the petitioner. Mr. J.S. Bisht, Standing Counsel, for the State. (2) In this writ petition, allegedly filed in public interest, petitioner has sought a direction to respondent no. 1 to 5 to take appropriate action against respondent no. 6 to 18, who have allegedly made encroachment upon public road. (3) Learned State Counsel, on instructions, submits that spot inspection was made by the authorities in the month of November, 2024 and based on the report of the spot inspection, notices were issued to persons found in encroachment upon public road, asking them to remove their encroachment. (4) Learned State Counsel further submits that the persons to whom notices were issued, represented before the authorities that spot inspection was made behind their back, therefore inspection may again be held in their presence. (5) Having regard to the aforesaid facts and reasons, writ petition is disposed of by directing the District Magistrate to have the spot inspection made in presence of the petitioner and also the persons to whom notices were issued. Based on the report of the spot inspection, further necessary action shall be taken of clearing public land/road of all encroachments. (6) This Court hopes and expects that entire exercise shall be completed within four months from the date of production of certified copy of this order. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 24.2.2025 Pr