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2025 DAILYLAW 853 (UTT)

KHEM SINGH CHAUHAN v. UNION OF INDIA

WPPIL/8/2025 · 2025-09-23

G Narendar, Subhash Upadhyay

Public Interest Litigationbody2025

Judgment text

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2025:UHC:8552-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 23RD SEPTEMBER, 2025 WRIT PETITION (PIL) NO. 08 OF 2025 Khem Singh Chauhan & another …...Petitioners. Versus Union of India & others ….Respondents. Counsel for the Petitioners : Mr. Abhijay Negi and Ms. Snigdha Tiwari, learned counsels. Counsel for the State : Mr. S.S. Chaudhary, learned Standing Counsel. Counsel for the Union of India : Mr. Manoj Kumar, learned Standing Counsel. Counsel for the Applicant in IA No.03 of 2025 : Mr. Shobhit Saharia, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Impleadment Application (IA No.03 of 2025) The impleadment application is preferred by the THDCIL. 2. For the grounds stated in the application, the application is allowed and the applicant is impleaded as party-respondent no.4. WPPIL No.08 of 2025 3. Petitioner no.1- Khem Singh Chauhan is also before the Court. 4. Learned counsel for the petitioners would submit that in view of the directions of the Coordinate Bench of this Court, as contained in Paragraph No.27 in the case of N.D. 1 2025:UHC:8552-DB Jayal & another vs. Union of India, Writ Petition (M/B) No.1287 of 2003, dated 29.10.2005 and which later came to be affirmed by the Hon’ble Apex Court in the case of N.D. Jayal & another vs. Union of India & others, Special Leave to Appeal (Civil) No(s).228941/2005, dated 03.11.2011, the liberty to approach this Court is reserved only in favour of the aggrieved party. Hence the petitioners pray leave to withdraw the instant petition styled as a PIL. 5. Accordingly, prayer is granted. The petition is dismissed as withdrawn. 6. Withdrawal of the petition will not act as a bar for the parties who are really aggrieved by the acquisition to approach this Court with all material particulars and supportive documents. 7. Registrar (Judicial) is directed to list all the petitions by the aggrieved parties/ land losers before the Division Bench of Hon’ble the Chief Justice. ________________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dated: 23rd September, 2025 NISHANT 2