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2026:UHC:457 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 8 0 / 2 0 2 6
Hon ’ble Su bh ash Upadh yay , J.
Mr. Gaurav Kandpal and Mr. Anas Ali, learned counsel for the petitioner.
2. Mr. Suyash Pant, learned Standing Counsel for the State.
3.
Learned counsel for the petitioner has challenged the
order dated 12.12.2025, passed by the respondent no. 1, whereby the directions have been issued for removal of the alleged encroachment from the land situated at Makhram Grant, Khasra No. 2376.
4.
Learned counsel for the petitioner submits that the order dated 12.12.2025 is in teeth of the order passed by the Hon’ble Apex Court in Directions in the matter of demolition of structures Writ Petition (Civil) No. 328 of 2022, whereby the Hon’ble Apex Court has held that the notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place.
5.
Learned counsel for the petitioner submits that no prior notice was issued to the petitioner and no opportunity of personal hearing was provided, as such, the order dated 12.12.2025 is liable to be quashed.
6.
Learned counsel for the State was
directed to get instructions whether before passing the order impugned any notice or
2026:UHC:457 opportunity of hearing was given to the petitioner or not?
7. On instructions received, learned counsel for the respondent-State submits that apart from the said notice issued on 12.12.2025, no prior intimation/notice was given to the petitioner.
8. In view of the above, the respondents are directed to take a decision in the case of the petitioner, strictly in accordance with law, and in view of the directions issued by the Hon’ble Apex Court in the case of In Re: Directions in the matter of Demolition of structures Writ Petition (Civil) No. 328 of 2022 within a period of 6 weeks from the date of production of certified copy of the order.
9. Till the decision is taken by the competent authority, the petitioner shall not be dispossessed from the land at Makhram Grant, Khasra No. 2376 situated in Doiwala, Dehradun.
10. With the above observations, the writ petition is disposed of.
( Su b h ash Upad h yay, J.)
10.01.2026 Kaushal
2026:UHC:457