2026:UHC:616 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.219 of 2026 Hon’ble Alok Mahra, J. Mr. Gaurav Kandpal, Advocate for the petitioner. Mr. Manoj Kumar, Standing Counsel for Union of India/respondent nos.1 & 2. Mr. Yogesh Chandra Tiwari and Mr. Gajendra Tripathi, Standing Counsel and Mr. Navin Tiwari, Brief Holder for the State of Uttarakhand/respondent no.3. Mr. B.D. Pande, Advocate for respondent no.4. 2. The petitioner has assailed the eviction order dated 09.01.2026, whereby respondent nos.1 and 2 directed one Mr. Yusuf to remove the alleged encroachment within a period of fifteen days and to comply with the terms and conditions of the agreement dated 01.03.2018, as contained in paragraphs 1 to 30 thereof, executed between the Railways and Mr. Yusuf. 3. Learned Standing Counsel appearing on behalf of the Union of India/respondent nos.1 and 2 submits that the petitioner lacks locus standi to maintain the present writ petition, inasmuch as, the impugned notice has been issued in the name of Mr. Yusuf, who himself has not approached this Court challenging the said order. 4. Per contra, learned counsel for the petitioner contends that Mr. Yusuf is the petitioner’s real elder brother; however, the petitioner is in actual physical possession of the subject property. It is 2026:UHC:616 further submitted that the property in question does not belong to respondent nos.1 and 2, but is Nazul land under the control and management of the Municipality, Ramnagar. Learned counsel, therefore, prays that liberty be granted to the petitioner to submit a representation before the competent authority, with a direction to decide the same within a stipulated time, and that no coercive action be taken against the petitioner in the meanwhile pursuant to the impugned order. 5. In view of the above submissions, the writ petition is disposed of with liberty to petitioner to submit a representation before respondent no.1 within a period of forty-eight hours from today. In the event such a representation is submitted within the stipulated period, respondent no. 1 shall consider and decide the same expeditiously by passing a reasoned and speaking order. 6. Till the representation submitted by the petitioner is duly considered and decided, no coercive action shall be taken against the petitioner pursuant to the impugned notice dated 09.01.2026. (Alok Mahra, J.) Vacation Judge 22.01.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.22 18:52:40 +05'30'