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2026 DAILYLAW 5500 (UTT)

JAGDISH PRASAD TRIPATHI v. UNION OF INDIA

WPPIL/67/2026 · 2026-05-20

Shri Manoj Kumar Gupta, Subhash Upadhyay

Public Interest Litigationbody2026

Judgment text

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2026:UHC:3901-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.67 of 2026 20th May, 2026 Jagdish Prasad Tripathi -----Petitioner Versus Union of India and Others ----Respondents ----------------------------------------------------------------- Pr esen ce:- Mr. Aman Baluni, learned counsel for the petitioner. Mr. Lalit Sharma, learned Deputy Solicitor General for the Union of India. Mr. Gajendra Tripathi, learned Standing Counsel for the State of Uttarakhand/ respondent nos.2 to 5. ----------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.) 1. Heard learned counsel for the parties. 2. The present writ petition has been filed ostensibly in public interest alleging that the private respondents have taken illegal possession of the land which was earlier leased out to one Swami Satyanand Giri by the Gazette Notification No.27.04.1921 for a period of 99 years and, despite repeated complaints, the State respondents are not taking any action in the matter. 3. It is stated that name of Niranjani Akhada is recorded over land measuring 4.4150 hectares only but it had taken possession of additional forest land which was earlier leased out to Swami Satyanand Giri. 4. The issues raised in the PIL require a factual inquiry and, therefore, we dispose of the writ petition with liberty to the petitioner to make fresh representation 1 2026:UHC:3901-DB before respondent no.5 along with attested copy of the instant order. In the event any such representation is made, the same shall be decided by respondent no.5 after giving notice and opportunity of hearing to all concerned, in accordance with law. 5. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 20.05.2026 SS 2 SUKHBA NT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764 ea7bc7dd129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1D D4FB4BEBD2B7D72C42261361AED33172F152 148D, cn=SUKHBANT SINGH Date: 2026.05.21 09:57:21 +05'30'