2026:UHC:2117-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 25th March, 2026 Writ Petition (PIL) No. 11 of 2026 Harish Chandra Joshi ------Petitioner Versus State of Uttarakhand and & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. M.C.Kandpal, learned Senior Counsel, assisted by Mr. Devesh Kandpal and Mr. Jagdish Chandra Joshi, learned counsel for the petitioner. Mr. Gajendra Tripathi, leaned Standing Counsel, for the State/respondents no. 1,2,3,4,5,7,8,9,10 and 11. Ms. Anjali Bharagav, learned counsel for the respondent no. 6. ------------------------------------------------------------------------------------------ JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. Heard Shri M.C.Kandpal, learned Senior Counsel, assisted by Shri Devesh Kandpal, for the petitioner, Shri Gajendra Tripathi, learned Standing Counsel for the State and Ms. Anjali Bhargav, learned counsel for respondent no. 6. 2. The present petition filed in public interest seeks direction to the respondents to remove illegal encroachments and obstructions from public chak roads, village paths and commons, after following process of law and for a direction to the State 1 2026:UHC:2117-DB Government to frame and notify Standard Operating Procedure for prevention and removal of such encroachments. 3. In writ petition, no specific instance has been cited in respect of any encroachment but only general averments have been made that in several villages of District Haridwar various encroachments have been made over public chak roads, canals and drains etc. 4. Under Section 117 of U.P.Z.A. & L.R. Act, the pathways vest in the Gaon Sabha. 5. Under Section 122-B of U.P.Z.A. & L.R. Act, a complete procedure is prescribed for getting the encroachments removed from any property which has vested in a Gaon Sabha or a local body. 6. Therefore, we leave it open to the petitioner to apprise the concerned State-respondent about any encroachment in respect of which the petitioner has any grievance and in which even the concerned authority shall be obliged under law to take appropriate actions. 2 2026:UHC:2117-DB 7. The present petition stands disposed of with the above observations. 8. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 25.03.2026 Kaushal 3