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2025 DAILYLAW 9357 (UTT)

IRSHAD ALI v. STATE OF UTTARAKHAND

WPPIL/143/2025 · 2025-07-25

Alok Mahra, Ravindra Maithani

Public Interest Litigationbody2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D1- 02 WPPIL No.143 of 2025 Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J. Ms. Irum Zeba, Advocate for the petitioner. Mr. Sunil Khera, D.A.G. with Mr. Yogesh Chandra Tiwari, Standing Counsel and Mr. Sachin Mohan Singh Mehta, Brief Holder for the State. By means of the instant petition, the petitioner claims that the respondent nos. 6 and 7 have encroached on a public/Government School land situated at Khata No.571, Khasra No. 322 m, Rakba 0.2050 hectare, in Village Jamalpur Kalan, Pargana Jwalapur, Tehsil and District Haridwar (“the land”), recorded in the name of Kanya Junior High School. The petitioner seeks directions that the respondent nos. 1 to 5 may be directed to remove the illegal construction done by the respondent nos. 6 and 7. Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner submits that the respondent nos. 6 and 7 have encroached upon the public land and has raised a construction; it has been established by the Revenue Authorities, but despite that, no action has been taken. Reference has been made to a report, which is Annexure No.4 to the writ petition. Learned State Counsel submits that the State will take action within the time, as may be prescribed by this Court. Having considered, this Court is of the view that instead of keeping the matter pending, the writ petition may be disposed of with certain directions. The respondent no.2/the District Magistrate, Haridwar, is directed to examine the matter, and if it is found that the respondent nos. 6 and 7 are, in fact, illegally occupying the Government land, he shall take such action, as is permissible under law, as expeditiously as possible. (Alok Mahra J.) (Ravindra Maithani J.) 25.07.2025 RV