Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3732-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA
09th May, 2025
WRIT PETITION (PIL) No. 25 OF 2025
Julfikar
…Petitioner
Versus
State of Uttarakhand and Others
…Respondents
Presence:- Mr. Bilal Ahmad, learned counsel for the petitioner. Mr. Amarendra Pratap Singh, learned Additional Advocate General alongwith Ms. Anjali Bhargava, learned counsel for the State.
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JUDGMENT: (per Mr. G. Narendar C.J.)
The petitioner is before this Court complaining of encroachment on government land by respondent nos. 5, 6 and 7.
2. Learned Additional Advocate General submits that proceedings have already been initiated by the competent authority i.e. SDM, Laksar, District Haridwar under the provisions of Section 122-B of the UPZA&LR Act.
3. In view of the action already having been initiated, the prayer of the petitioner stands answered in part. In 1
2025:UHC:3732-DB that view, we are of the considered opinion that the instant writ petition can be disposed of by directing the competent authority to complete the process, as expeditiously as possible at any rate within an outer limit of six months.
4. If the proceedings are pending before an authority not competent to invoke the provisions of Section 122-B, the same shall be transferred before the competent authority/SDM, Laksar, District Haridwar. The competent authority shall endeavour to hear and dispose of the matter, as expeditiously as possible at any rate within an outer limit of six months. The competent authority shall not grant any adjournment, except in cases of grave emergency or serious medical emergency warranting hospitalization.
5. The writ petition stands ordered accordingly.
6. In view of the nature of the above order, notice to respondent nos. 5, 6 and 7 is dispensed with.
_______________ G. NARENDAR, C.J.
_______________ ALOK MAHRA, J.
Dt: 09th May, 2025 UJJWAL 2