2026:UHC:1193-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Writ Petition (M/B) No.112 of 2026 24 February, 2026 Prakhar Kashyap -----Petitioner Versus State of Uttarakhand and Others ----Respondents ---------------------------------------------------------------------- Presence:- Mr. Munish Bhardwaj, learned counsel for the petitioner. Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State of Uttarakhand. ---------------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.) 1. Present writ petition has been filed praying for a writ of mandamus commanding respondents to remove all encroachment over water bodies, ponds, johars and the surrounding thereon measuring Rakbai 0.6760 hectare said to be recorded in the revenue records as Shreni 6(1) situated in Village Ajitpur, Pargana and Tehsil Haridwar, District Haridwar and thereby ensure compliance of the order passed by this Court in WPPIL No.65 of 2011, “Kunwar Pal Singh Vs. State and Others”. The petitioner claims himself to be Gram Pradhan of the village. 2. In WPPIL No.65 of 2011 on 13.06.2018 order was passed by a Co-ordinate Bench directing the State Government to remove all encroachments from ponds, 1 2026:UHC:1193-DB johars and other lands of public utility. It is alleged that various encroachments have been made over the aforesaid land by different persons and the State respondents are not taking any action in the matter. 3. Undoubtedly, the petitioner has remedy under Section 122B of the U.P.Z.A. & L.R. Act. In the proceedings, the persons alleged to be in illegal encroachment, are entitled for hearing. 4. Having regard to the fact that an efficacious alternative remedy is available, therefore, we dispose of the instant petition with liberty to the petitioner to file application before the competent authority for initiation of proceedings under the said provision. It is further provided that in case any such application is filed, the competent authority, if it finds any substance in the application, may register a case on its basis under Section 122B of the U.P.Z.A. & L.R. Act and proceed accordingly. 5. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 24.02.2026 SS 2 SUKHBAN T SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7b c7dd129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB 4BEBD2B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.02.25 09:58:08 +05'30'