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2025 DAILYLAW 9309 (UTT)

NASIR v. STATE OF UTTARAKHAND

WPPIL/144/2025 · 2025-08-04

Alok Mahra, G Narendar

Public Interest Litigationbody2025

Judgment text

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2025:UHC:6820-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 Public Interest Litigation No. 144 of 2025 4th August, 2025 Nasir ………..Petitioner Versus State of Uttarakhand and Others ...…….Respondents ---------------------------------------------------------------------- Presence:- Mr. Bharat Singh, learned counsel for the petitioner. Mr. P.C. Bisht, learned Addl. C.S.C. for the State of Uttarakhand. Mr. Shobhit Joshi, holding brief of Mr. Ashish Joshi, learned counsel for respondent no.5. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard learned counsel for the petitioner and learned Addl. C.S.C. for the State. 2. The complaint of the petitioner is that the private respondent have occupied Khasra No.407, measuring about 0.0510 hecters, and merged to their own land comprised in Khasra No. 406 and further the private respondent have constructed a colony and also enclosed the encroachment with the boundary wall; that, the land comprised in Khasra No. 407 is a gohar land and is recorded so in the Revenue Records; that, several 2025:UHC:6820-DB 2 representation to the authorities has been of no avail and, in that view, the petitioner is constrained to approach this Court. 3. The petitioner has arrayed the Principal Secretary, Urban Development Department, the District Magistrate, Haridwar and the Sub- Divisional Magistrate, Roorkee and the Tehsildar Roorkee, District Haridwar and the Roorkee Haridwar Development Authority Roorkee, District Haridwar and the Nagar Panchayat Landhour, Pargana Manglore, Tehsil Roorkee, District Haridwar. 4. The latest representation made by the petitioner is of the year 2025. In that view, we are of the opinion that the instant PIL could be disposed of by directing the S.D.M./3rd respondent to consider the instant writ petition as a representation and consider and dispose of the same as expeditiously as possible, at any rate, within an outer limit of three months. 5. In the event, the S.D.M./competent 2025:UHC:6820-DB 3 authority is of the firm opinion that the gohar land said to be comprised in Khasra No.407 is indeed a government land, then the Competent Authority shall strictly initiate and complete the process in compliance with the guidelines stipulated by the Hon’ble Apex Court in In Re: Directions in the matter of demolition of structures, (Writ Petition (Civil) No. 295 of 2022). 6. The writ petition stands ordered accordingly. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 04.08.2025 Mamta