2026:UHC:2496-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J. AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY, J. 8th April, 2026 Writ Petition (PIL) No. 35 of 2026 Ishu Patel ------------Petitioner Versus State of Uttarakhand and others ----------Respondents ---------------------------------------------------------------------- Presence:- Mr. Shiv Pande, learned counsel for the petitioner. Mr. Sanjay Bhatt, learned counsel for the respondents no. 1 & 2. Mr. Yogesh Chandra Tiwari and Mr. Gajendra Tripathi, learned Standing Counsels for the State. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present writ petition (PIL) has been filed alleging encroachment over Nazul land by respondent no. 8, Vikash Sharma, who holds the post of Mayor, Rudrapur. It is alleged that the encroachments have been made over Gaushala and also by constructing a temple. 2. A supplementary affidavit has been filed in compliance of our previous order and whereby the petitioner has tried to show that he has got no personal interest in the matter nor he had ever contested any election against respondent no. 8 or against anyone nor is interested to contest any election in future. 1 2026:UHC:2496-DB 3. Learned counsel for the Nagar Nigam has placed on record the written instructions received from the Assistant Nagar Aayukt, Nagar Nigam, Rudrapur. The stand taken therein is that after complaints were received regarding illegal encroachments, a notice was issued to Viaksh Sharma, respondent no. 8 dated 24.04.2021. In his response, by way of a letter dated 23.06.2021, respondent no. 8 took the stand that the temple was renovated by Shri Balaji Seva Samiti and Shailja Welfare Society and he has no connection with the aforesaid bodies or the Temple Committee. He also took the plea that the notice should be issued to the Temple Committee. On basis of the same, an inquiry was got conducted and in the said inquiry, it transpired that the President of the Temple Committee was one Mr. Sachin Khurana and accordingly, notice was issued to him on 08.7.2021. It is also stated that as per GIS Topographical survey, the temple was found located within freehold area measuring 6.06 acres. 4. In respect of Gaushala, the stand taken is that the encroachment was made by one Mahanth Ram Balak Das, but the same has been cleared on 08.01.2026 by the Municipal Corporation, Rudrapur in presence of the Revenue department and Police 2 2026:UHC:2496-DB department and a total of 7.7 acres land was taken into possession and secured by constructing a boundary wall. 5. In view of the above stand, we are of the opinion that no further inquiry is needed in the present proceedings. It is left open to the Nagar Nigam to proceed further in the matter on basis of notice issued by it to Sachin Khuarana, President of the Temple Committee strictly, in accordance with law. 6. The petition stands disposed of. 7. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 08.04.2026 Kaushal 3