2025:UHC:4610-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (PIL) No.85 of 2025 6th June, 2025 Pankaj Kumar Mason -- Petitioner Versus State of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. M. S. Pal, learned Senior Counsel assisted by Mr. Vishwast Kandpal, learned counsel for the petitioner. Mr. Sunil Khera, learned DAG along with Mr. Yogesh Tiwari, learned Standing Counsel for the State. Mr. Pankaj Miglani and Mr. Lalit Miglani, learned counsel for respondent no.4 through V.C. --------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard learned Senior Counsel for the petitioner, learned Deputy Advocate General and learned counsel for respondent no.4. 2. It is the case of the petitioner that the fourth respondent-trust is in the occupation of a chunk of land, which belongs to the Gram Sabha; that, despite several efforts by the petitioner to have the encroachment 2025:UHC:4610-DB 2 removed, the same have not fructified into any positive results. In that view, he has approached this Court by way of this Public Interest Litigation. 3. Per contra, learned counsel for the fourth respondent would submit that the fourth respondent had instituted a suit, bearing O.S. No.110 of 2022, and that the present petitioner is the second defendant and that the mother of the petitioner is the first defendant and that the plaintiffs have sought for a relief of permanent injunction only. 4. If that be the case, the pendency of the suit for three long years is wholly unjustified. The allegation that the land is a Gram Sabha land, is a serious one and the Trial Court ought to have heard and disposed of the suit on priority. But it is submitted that the concerned local body/gram sabha has not been arrayed as a party defendant in the suit. 5. Be that as it may, the issue is seized of by the competent civil court. The competent civil court is the appropriate forum for adjudication of the issue of title. The parties shall be given opportunity to let in evidence to demonstrate title or otherwise and the Court shall look into the aspect of title and dispose of the suit as 2025:UHC:4610-DB 3 expeditiously as possible at any rate within an outer limit of four months from the date of receipt of copy of this order. 6. Registry is directed to communicate this order forthwith. The Trial Court shall not grant any unnecessary adjournments. 7. Writ petition stands ordered accordingly. There shall be no order as to costs. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 06.06.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02f e2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553D E5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:17:37 +05'30'