2026:UHC:4100 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.1512 of 2026 Hon'ble Pankaj Purohit, J. Mr. K.P. Upadhyaya, learned Senior Advocate assisted by Mr. Paritosh Dalakoti, learned Advocate for petitioner. 2. Mr. Suyash Pant, learned S.C. with Ms. Swati Verma, learned B.H. for the State. 3. By means of present writ petition, petitioner has challenged the Survey Report dated 15.04.2026 given by the Junior Engineer, District Development Authority, Yamkeshwar, Pauri Garhwal (Annexure No.12 to the writ petition). A further writ of mandamus has been sought commanding the respondents to conduct survey afresh in presence of petitioner trust or its duly authorized representative, and further, direct the respondents not to take any action against the petitioner-trust in relation to Gaushala. 4. From the report annexed with the petition, it transpires that petitioner is a trust which occupied certain portion of land in Village Jonk, Tehsil Yamkeshwar, District Pauri Garhwal. When some temporary construction was raised over the said land, the matter was taken up by respondent- District Development Authority and the order was passed by SDM, Yamkeshwar dated 02.05.2025 (Annexure No.11 to the writ petition) directing the petitioner not to continue with the un- authorized construction and stop the same. According to the said order, petitioner is raising the said construction without getting any permission from the respondent - District Development Authority. It is aggrieved by the said order dated 02.05.2025 that petitioner preferred an appeal before the Chairman/Commissioner, Garhwal Division being Appeal No.01/24-25 which is still pending. Along with said appeal, an application has been filed for staying the effect and operation of the order impugned in the said appeal. 2026:UHC:4100 5. It is the contention of learned Senior Counsel for petitioner that the said application is still un-disposed and undecided. In the meantime, some survey has been got conducted and the impugned report has been submitted by the Junior Engineer of District Development Authority, as stated above, wherein it has been stated that the construction is stopped, however, some un-authorized construction has been raised by petitioner-trust which appears to be commercial in nature. 6. Petitioner is apprehending demolition of the construction already raised by petitioner-trust over the land. Since there is no such order whereby demolition has been directed, therefore, the writ petition appears to be premature in nature, and accordingly, on the basis of survey report, petitioner cannot claim that the demolition order would be passed by the District Development Authority. 7. In the background of aforesaid facts, this Court is not inclined to interfere in the matter by quashing the report submitted by the Junior Engineer of District Development Authority-respondent no.2. However, this much can be done that the petitioner may be permitted to pursue his interim relief/ stay application pending before the Appellate Authority i.e. Chairman/ Commissioner, Garhwal Division No.01/2024- 25. 8. In such view of matter, writ petition is finally disposed of. The Chairman/Commissioner, Garhwal Division is directed to consider and decide the Stay Application No.01/2024-25 moved by the petitioner in accordance with law, expeditiously, not later than 15 days from today. 9. Let a copy of this order be supplied to learned Counsel for the parties, today itself, as per rules. (Pankaj Purohit, J.) 25.05.2026 R.Dang