2025:UHC:2818-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 949 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. Rajendra Dobhal, learned Senior Advocate assisted by Mr. Bhupendra Singh Bora, learned counsel for the appellant. 2. Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Pawan Mishra, learned Amicus Curiae. 4. Impleadment Application (CLMA No. 15947 of 2017), filed by the appellants, is allowed. 5. This intra-court Appeal is directed against final order dated 23.08.2017, passed by learned Single Judge in Writ Petition (M/S) No. 1987 of 2013. 6. The operative portion of the said order is extracted below:- “This petition has been filed as a Public Interest Litigation. A startling revelation has been made in the petition that 200 acres of land at Nagraja Saun Tok, has been encroached by the land mafias. The respondents have not chosen to file any counter 2025:UHC:2818-DB affidavit. Accordingly, the writ petition is disposed of with the direction to the respondent no. 3 to hold an inquiry into the matter and to take all the necessary steps for evicting the unauthorised persons and hand over the land to the rightful owners within six months. Pending application, if any, also stands disposed of accordingly.” 7. The said order has been challenged by persons who are allegedly in unauthorised occupation over the land in question. 8. Learned State Counsel points out that proceedings under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 were initiated against nine persons by issuing notice under Section 4(1) of the said Act, and those proceedings are still pending before the Prescribed Authority concerned. He submits that in view of the interim order passed by a Co- ordinate Bench on 20.11.2017, the eviction proceedings under the aforesaid Act have not been concluded so far. 9. Having regard to the fact that notices under the U.P. Public Premises (Eviction of Unauthorised Occupants) 2025:UHC:2818-DB Act, 1972 have been issued to nine persons, we do not find any reason to interfere with the impugned judgment and order. We, therefore, dispose of the Special Appeal with liberty to the Prescribed Authority/ Competent Authority to conclude the proceedings in respect of the nine persons to whom notices were issued as per law. We permit the Prescribed Authority to issue eviction notices to other persons found to be illegally occupying Government Land. 10. We hope and expect that necessary orders shall be passed by the Prescribed Authority, but only after providing reasonable opportunity of hearing to the persons likely to be affected by his order. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 21.04.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5a a08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7F F0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.04.22 18:23:10 +05'30'