2025:UHC:3100-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 25th APRIL, 2025 WRIT PETITION (M/B) NO. 122 OF 2023 Ummed Singh …… Petitioner Versus Sub Divisional Magistrate Jaspur …… Respondents With WRIT PETITION (M/B) NO. 123 OF 2023 Sunita Rani …… Petitioner Versus Sub Divisional Magistrate Jaspur …… Respondents Presence:- Mr. N.K. Papnoi, learned counsel for the petitioner. Mr. Amrendra Pratap Singh, learned Additional Advocate General for the State. ---------------------------------------------------------------------- JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard learned counsel for the petitioner and learned Additional Advocate General for the State. 1 2025:UHC:3100-DB 2. The petitioner is before this Court impugning the demolition notice dated 24.05.2023. 3. It is pertinent to note that the notices have been issued pursuant to directions of this Court issued in WPPIL No. 65 of 2011 i.e. Kunwar Pal Singh Vs. State of Uttarakhand and Others, wherein, the respondent-State has been directed to remove encroachment from the ponds and restore them to original form. 4. It is the case of the petitioner that the house has been constructed on a barren land. 5. Be that as it may, the contentions canvassed by the petitioner would require consideration of factual material, which this Court, prima facie, would not entertain in the proceedings initiated under Article 226. 6. The respondents have acted in consonance with law by issuing notices. It was incumbent on the petitioner to effect appropriate reply. The writ petition in that view is premature. 7. Be that as it may, we do not intend to make any observations on the merits of the respective claims. Accordingly, we dispose of the writ petitions with liberty to the petitioner to effect a reply within two weeks from the 2 2025:UHC:3100-DB date of receipt of copy of this order. In the event no reply is effected, it is open for the respondents to implement the directions issued by this Court in WPPIL No. 65 of 2011. In the event reply is effected by the petitioner within 15 days from the date of receipt of copy of this order, the respondents shall consider and dispose of the same by a speaking order within three weeks thereafter. 8. The writ petitions stand ordered accordingly. 9. There shall be no order as to costs. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 25th April, 2025 Ujjwal 3