UKHC010144202026 2026:UHC:7246-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 14th August, 2026 WRIT PETITION (M/B) NO.664 of 2026 Amar Singh Pal and Others ------Petitioners Versus State of Uttarakhand and Others ----Respondents Presence:- Mr. Dharmendra Barthwal, learned counsel for the petitioners. Mr. M.S. Bisht, learned Brief Holder for the State/respondent nos.1, 2, 3 and 5. Mr. Vipul Sharma, learned counsel for the respondent no.4. ------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The petitioners have assailed a notice dated 02.07.2026, issued by Assistant Engineer, Provincial Division, PWD, Rudrapur, Udham Singh Nagar, wherein it is stated that the petitioners have encroached over government land and, consequently, they were required to submit their explanation within 15 days, failing which final decision would be taken by the authorities in the matter. 2. The case of the petitioners is that they are occupying different shops which were built by erstwhile Nagar Palika Parishad, Rudrapur, now Nagar Nigam, Rudrapur, on basis of allotment in their favor through a public auction. The further case of the petitioners is that they are regularly paying rent to Nagar Nigam, Rudrapur, and the demolition notice issued by PWD is wholly without jurisdiction. 3. Learned State Counsel submits that the impugned 1 UKHC010144202026 2026:UHC:7246-DB notice is merely a show cause notice and final decision is yet to be taken. 4. Mr. Dharmendra Barathwal, learned counsel appearing on behalf of the petitioners states that the petitioners would file their reply to the impugned show cause notice within one week. 5. Accordingly, the petitioners are granted a week's time to file reply to the show cause notice. Thereafter, the Competent Authority shall take decision in the matter within next two weeks. It is further provided that until final decision is taken in the matter, the petitioners shall not be dispossessed in pursuance of the impugned notice. 6. The writ petition stands disposed of. 7. Pending application(s), if any, stand disposed of accordingly. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 14.08.2026 PP/ 2