2026:UHC:3931 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/ 1 4 0 5 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Gaurav Singh, Advocate for the petitioner. 2. Mr. V.D. Bisen, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent nos. 1 to 3. 3. Mr. Bhuwan Bhatt, Advocate for respondent no. 4. 4. Ms. Anjali Bhargava, Advocate for respondent no. 5. 5. According to the petitioner, land belonging to Gram Sabha was permitted to be exchanged by the Assistant Collector, First Class, Roorkee, Haridwar, vide order dated 28.03.2026. According to him, the said exchange was permitted with certain conditions and one of the condition was that the residents of the village will have right of passage over the exchanged land, as before, however respondent no. 4 has set up a gate, which is manned by a security guard, thus causing problem for the residents of the village. 6. The reliefs sought in the writ petition are as follows: - “a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents No. 2 to 4 to forthwith remove the illegal gate, pillars and all other obstructions created over the public pathway/ chakmarg situated on Khasra Nos. 310 and 404, Village 2026:UHC:3931 Shantarshah, Pargana and Tehsil Roorkee, District Haridwar; b) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents No. 1 to 3 to ensure strict compliance of the order dated 28.03.2026 passed in Case No. 01/ 2025-26 and to ensure uninterrupted public access over the aforesaid chakmarg/ public pathway; ” 7. This Court is not inclined to go into the question raised by the petitioner at this stage. Ends of justice would be met, if petitioner is permitted to approach the Assistant Collector concerned for enforcement of the conditions, mentioned in the order of exchange. 8. Accordingly, the writ petition is disposed of by permitting petitioner to make representation to the Assistant Collector concerned within ten days from today. If petitioner makes representation within stipulated time, decision thereupon shall be taken by the Assistant Collector concerned, as per law, within six weeks thereafter. I t goes without saying that respondent no. 4 as well as the Gram Sabha shall also be given opportunity of hearing before passing any order in the representation. ( Man oj Ku m ar Tiw ar i, J.) 20.05.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB2 1CE5, cn=NAVEEN CHANDRA Date: 2026.05.21 09:44:29 +05'30'