2026:UHC:4382 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 1582 of 2026 02 June, 2026 Himalayan Grits --Petitioner Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Sanpreet Singh Ajmani, learned counsel for the petitioner. Ms. Swati Verma, learned Brief Holder for the State/respondent nos.1, 2 & 4. Mr. Yogesh Pandey, learned counsel put in appearance on behalf of respondent no.3. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. The writ petition has been filed by the petitioner challenging the order dated 07.02.2026, annexure-2 to the writ petition, issued by respondent no. 3, as well as the subsequent notice dated 22.04.2026, annexure-4 to the writ petition, whereby petitioner was directed to remove the encroachment over the land of respondent no. 3 appertaining to the canal. 2. Learned counsel for the petitioner submits that there is no encroachment, rather, the land complained of as being encroached upon, is the petitioner's own land. 3. Mr. Yogesh Pandey, learned counsel for respondent no. 3, on instructions, submits that in order to ascertain whether petitioner has encroached upon the land of respondent no.3, a decision was taken on 12.05.2026 whereby it was decided that, for the purpose of demarcation of the land of the Irrigation Department, a Committee is to be constituted. The instructions are taken on record. 2026:UHC:4382 2 4. This fact is not disputed by the learned counsel for the petitioner. However, before the Committee is constituted and a demarcation of the property is conducted, petitioner approached this Court by filing the present writ petition. 5. It is submitted by learned counsel for respondent no.3 that, vide order dated 23.05.2026 passed by the District Magistrate, Nainital, a Five-Member Committee has been constituted headed by SDM, Haldwani. 6. In such view of the matter, the writ petition appears to be premature. Petitioner should have waited for the report of the Committee. 7. However, it is provided that during the survey, petitioner shall also remain present. 8. With the aforesaid observation, writ petition is disposed of finally. 9. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 02.06.2026 AK