2025:UHC:7323 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 550/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Abdul Ali, Advocate, i/b Mr. Bhupesh Kandpal, Advocate for the petitioners. Mr. Ganesh Kandpal, Deputy AG, for the State. (2) By means of this writ petition, petitioners have sought the following relief: “(A) A writ, order direction in the nature of mandamus directing the respondent no. 1 i.e. District Magistrate, Dehradun to consider the representation dated 03.02.2025 (Annexure No. 5 to the writ petition) of the petitioner and further take action in accordance with law.” (3) Representation dated 3.2.2025, referred to in the relief clause, has been made to District Magistrate, Dehradun alleging that certain persons, who are residing in the neighbourhood of petitioners, are trying to encroach upon the public path leading to the property of petitioners. Therefore, petitioners made a request to take appropriate action against those persons. (4) Learned Counsel for the petitioners submits that District Magistrate be directed to take decision on petitioners’ representation. (5) Learned State Counsel, however, submits that petitioners have remedy under Section 152 of Bhartiya Nagrik Suraksha Sanhita, 2023, which corresponds to Section 133 of CrPC. He submits that petitioners can also avail 2025:UHC:7323 remedy provided under Section 91 of CPC. He further submits that instead of approaching the appropriate forum, petitioners have filed this writ petition, which is not proper. (6) This Court finds substance in the submission of learned State Counsel. There is a dispute as to whether petitioners have valid right, title or interest over the land, over which persons residing in the neighbourhood of petitioners are trying to encroach. It is also not clear as to whether the allegation made by petitioners against certain persons is correct or not. These disputed questions of fact can only be resolved in proceedings under Section 152 of BNSS or Section 91 of CPC. Therefore, this Court is not inclined to entertain the writ petition. (7) Accordingly, writ petition is dismissed with liberty to petitioners to approach the appropriate forum. (Manoj Kumar Tiwari, J.) 19.8.2025 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.19 17:34:46 +05'30' 2025:UHC:7323