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2025 DAILYLAW 8081 (UTT)

ALI JAN v. STATE OF UTTARAKHAND

WPMB/401/2025 · 2025-07-01

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:5546-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (M/B) NO. 401 OF 2025 01st JULY, 2025 Ali Jan …… Petitioner Versus State of Uttarakhand and Others …… Respondents WITH WRIT PETITION (M/S) NO. 2221 OF 2023 WRIT PETITION (M/S) NO. 3467 OF 2023 WRIT PETITION (M/B) NO. 422 OF 2025 Presence:- Mr. Arjun Kasana and Mr. Sachin Veer Singh, learned counsel for the petitioners. Mr. C.S. Rawat, learned Chief Standing Counsel alongwith Mr. Yogesh Tiwari, learned Additional Chief Standing Counsel for the State of Uttarakhand. Mr. B.D. Pande, learned counsel for the respondents in WPMS No. 2703 of 2023. --------------------------------------------------------------------- JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard learned counsel for the petitioners and learned Chief Standing Counsel for the State. 2. Learned Chief Standing Counsel submits, that in view of the absence of the Gram Pradhan, etc., the applications are pending consideration and that no efforts have been made by the respondents to evict them. 1 2025:UHC:5546-DB 3. The submission is placed on record. 4. In view of the acknowledgement of the pendency of the applications, we are of the view that the instant writ petitions can be disposed of by directing the respondents to consider and dispose of the applications under the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006, as expeditiously as possible. 5. In the meanwhile, the respondents shall refrain from initiating any steps to evict them or prevent them from utilizing the lands in their possession. 6. It is made clear that the lands in the possession of the petitioner shall be utilized only for agricultural purposes and shall not be put to any commercial use. 7. The writ petitions stand disposed of in above terms. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 1st July, 2025 Ujjwal 2 2025:UHC:5546-DB 3