2026:UHC:389-DB SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PPI L 2 1 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay, J. Mr. Abhishek Verma, Advocate, for the petitioner. Mr. SMS Mehta, Brief Holder, for the State. Mr. Aditya Pratap Singh, Advocate, for the respondent no. 2. Mr. Davesh Bishnoi, Advocate, for the respondent no. 7. (2) According to petitioner, certain unscrupulous persons have encroached upon Gabiya River near revenue villages Manpur, Kachnalgazi and Bailjudi within Kashipur Tehsil, due to which flow of water has been obstructed. (3) Learned Counsel for the petitioner submits that petitioner has approached Tehsildar, Kashipur by making an application and on his application, a joint committee was constituted vide order dated 21.10.2025. He further subm its that since no action has been taken thereafter, therefore, petitioner has approached this Court. In his Writ Petition (PIL), petitioner has sought the following reliefs: “a) Issue a writ order or direction in the nature of Mandamus directing remove the encroachment from the land vested as Gabiya (river/ water channel) which earlier smoothly passes away from Village Manpur in Khasra No. 202, 218/ 1, 218/ 2, 278, 268, 79 and from Village Kachnalgazi in Khasra No. 64, 65, 115, 164, 171, 172, 221 and from Village Bailjudi in Khasra No. 823, 824 & 825, Tehsil Kashipur, District Udham Singh Nagar and further to take disciplinary and legal actions as per law as against the erring 2026:UHC:389-DB respondents/ encroachers. b) Issue a writ order or direction in the nature of Mandamus directing the respondents to take suitable action against the encroacher who have made illegal encroachment over the land vested as Gabiya (river/ water channel) which earlier smoothly passes away from Village Manpur in Khasra No. 202, 218/ 1, 218/ 2, 278, 268, 79 and from Village Kachnalgazi in Khasra No. 64, 65, 115, 164, 171, 172, 221 and from Village Bailjudi in Khasra No. 823, 824 & 825, Tehsil Kashipur, District Udham Singh Nagar.” (4) Having regard to the pleadings made and relief sought in the writ petition, this Court thinks that ends of justice would be met if District Magistrate, Udham Singh Nagar is directed to call a report from the Committee constituted by Tehsildar vide order dated 21.10.2025 and, based on the report of the Committee or such other report which District Magistrate may call from the revenue officers as he may deem fit, pass necessary orders for removal of encroachment, if found. Ordered accordingly. (5) However, it is made clear that all the persons, who are likely to be affected by the orders to be passed by District Magistrate, shall be provided reasonable opportunity of hearing. (6) This public interest litigation stands closed accordingly. ( Su bh ash Upadh y ay , J.) ( Man oj Ku m ar Tiw ar i, J.) 0 9 .0 1 .2 0 2 6 Pr 2026:UHC:389-DB