2026:UHC:2568-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 9th April, 2026 Writ Petition (PIL) No. 48 of 2026 Pawan Singh ------Petitioner Versus State of Uttarakhand & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. Siddharth Singh, learned counsel for the petitioner. Mr. J.C.Pande, learned Standing Counsel for the State/respondents no. 1 to 4. Mr. S.S.Chauhan, learned counsel for the respondent Jal Nigam. Ms. Anjali Bhargava, learned counsel for the respondent no. 6. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present Public Interest Litigation has been filed praying for a writ of mandamus commanding respondents no. 1 to 6, jointly or severally, to remove the encroachments allegedly made by private respondents over a public passage and a public drain. 2. There are conflicting reports on record. Some reports indicate that the rasta is a public rasta, whereas a recent report dated 11.03.2026 states that the rasta is not recorded in any revenue record and the parties are free to get the dispute resolved through a civil suit. 1 2026:UHC:2568-DB 3. In case, public drain and public rasta has been encroached, as alleged, it is open to the petitioner to approach the competent authority for initiation of proceedings under Section 133 Cr.P.C./152 BNSS or Section 122-B of U.P.Z.A. & L.R. Act. 4. With the aforesaid liberty, the petition stands disposed of. 5. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 09.04.2026 Kaushal 2