2025:UHC:4418-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPPIL/81/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Dushyant Mainal, Advocate for the petitioner through V.C. Mr. Puran Singh Bisht, Additional CSC for the State. 2. In this writ petition filed in public interest, petitioner has raised the issue of encroachment over public land. It is alleged that private respondents have constructed hotels/resorts and commercial complex by encroaching upon government land, which has created bottlenecks in the highways and is impeding free flow of traffic. The reliefs sought in this writ petition, are as follows: “i) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties/authorities concern to ensure release of public land, which are recorded as such in the revenue record, from illegal encroachment of the land grabbers and restore it to its original shape. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to initiate inquiry against inaction on the part of the authorities concern in not removing encroachment from the land which are recorded as public utility land in the revenue record, from illegal encroachment of the land grabbers, in order to punish the guilty persons/authorities.” 3. Learned State Counsel has produced in Court written instructions received from Tehsildar, Garur, District Bageshwar with three notices issued to concerned persons on 28.08.2024, 06.10.2024 and 22.10.2024, which are taken on record. 4. Perusal of the written instructions reveals that there is substance in the allegation made by petitioner in the writ petition. The Tehsildar, however, has mentioned that necessary action is to be taken by State Public Works Department. 5. We have come across many such cases where one 2025:UHC:4418-DB government department/agency shifts blame to another government department/agency for removal of encroachment from public land. This tendency cannot be approved of. The unscrupulous persons who have encroached upon public land are the ultimate beneficiary of such shifting of responsibility. 6. We, therefore, appoint District Magistrate, Bageshwar as the Nodal Officer to look into the issue of encroachment over public land/roadside land in District Bageshwar, who will have a survey conducted by a team of officers drawn from Revenue Department, Public Works Department and officers from other concerned departments including forest department within four months. 7. The Competent Authority shall, thereafter, initiate proceedings for eviction of unauthorised occupants from public land, as per law, within four weeks thereafter. It goes without saying that the persons found in unauthorised occupation over public land shall be given a show cause notice asking them to give reply within 15 days. 8. We hope and trust that all encroachment from public land shall be removed by the Competent Authority within nine months from date of production of certified copy of this order. Compliance report shall be filed by District Magistrate, Bageshwar on or before 2nd June, 2026. 9. With the aforesaid directions, the writ petition is disposed of. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 02.06.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BAB A43D2B8F, cn=MAHINDER SINGH Date: 2025.06.03 12:09:00 +05'30'