2026:UHC:3735 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 1378 of 2026 15 May, 2026 Rajendra Prasad Badoni --Petitioner Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Shivam Sharma, learned counsel for the petitioner (appeared through V.C.). Mr. Suyash Pant, learned Standing Counsel for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. (Oral) This writ petition has been filed by the petitioner seeking the following reliefs:- “(i) Issue a writ order or direction in the nature of mandamus directing the respondent no.1 to 3 to demolish the illegal construction made by the respondent no.4 to 6 on the land bearing Khasra No.2660 Area measuring 0.0900 mutated and recorded in the name of Gram Sabha in revenue records. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no.1 to 3 to take necessary action against the respondent no.4 to 6 for encroachment and for doing illegally constructions of the land of the Gram Sabha in accordance with law.” 2. From perusal of the averments made in the writ petition, it transpires that there is a dispute between the petitioner and respondent no.6 regarding some public path, and therefore, this writ petition has been filed alleging that he is encroaching upon the land of the Gram 2026:UHC:3735 2 Sabha. If it is so, the Gram Sabha can very well maintain a suit for ejectment of respondent no. 7 from its property, and further, if a public nuisance is caused by the petitioner, he can also maintain proceedings under Section 152 of the BNS, 2023 before the court of competent jurisdiction. 3. In such view of the matter, the writ petition is dismissed in-limine. 4. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 15.05.2026 AK