2026:UHC:3461-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 (PIL) No.52 of 2024 6th May, 2026 Sanjeev -----Petitioner Versus State of Uttarakhand and Others ----Respondents ----------------------------------------------------------------- Pr esen ce:- Mr. I.D. Paliwal and Mr. Rohit Kumar, learned counsel for the petitioner. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand/ respondent nos.1 to 4. Ms. Anjali Bhargava, learned counsel for respondent no.5. Mr. Mohit Joshi, learned counsel holding brief of Mr. Bhuwan Bhatt, learned counsel for respondent nos.6 and 7. ----------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.) 1. Heard learned counsel for the parties. 2. In the instant PIL, the petitioner has raised the issue of illegal encroachment over a pond by private respondent nos.6 and 7. 3. On 27.08.2024, the Co-ordinate Bench passed the following order: “1. Mr. I.D. Paliwal, learned counsel for the petitioner. 2. Supplementary affidavit has been filed by the petitioner in compliance of order dated 02.04.2024. 3. Notice of motion. 4. Mr. Amarendra Pratap Singh, learned Additional Advocate General for the State accepts notice on behalf of respondent Nos. 1 to 4. 5. Counsel for the State will file a reply to the supplementary affidavit filed by the petitioner, and if respondent Nos. 6 and 7 are found to have been 1 2026:UHC:3461-DB encroaching, they should take immediate steps to remove this encroachment. 6. List the matter on 26.11.2024.” 4. A compliance affidavit has been filed on behalf respondent nos.2, 3 and 4 wherein it is admitted that respondent nos.6 and 7 are in illegal occupation of land recorded as ‘Johad’ Category-6(1). It is stated that two separate cases have been registered against respondent nos.6 and 7 respectively and they have also filed their objections. The proceedings are stated to be pending. 5. As eviction proceedings have already been initiated against respondent nos.6 and 7, therefore, the writ petition is disposed of by providing that the said proceedings shall be taken to their logical conclusion expeditiously. 6. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 06.05.2026 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd12 9a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2 B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.05.07 13:11:44 +05'30'