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2026 DAILYLAW 6673 (UTT)

BRIJ PAL SINGH v. STATE OF UTTARAKHAND

WPMS/1627/2026 · 2026-06-08

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4542 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1627/2026 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Nagesh Aggarwal, learned counsel for the petitioner. 2. Mr. Tarun Lakhera, learned Brief Holder for the State of Uttarakhand. 3. Ms. Anjali Bhargava, learned counsel for the respondent-Gaon Sabha. 4. According to petitioner, respondent no. 4 encroached upon public utility land belonging to Gaon Sabha, Village Maheshra, Paragna Gordhanpur, Tehsil Laksar, District Haridwar; proceedings under Section 122B of UPZA&LR Act, 1950 were initiated against respondent no. 4, which resulted in passing of eviction order against respondent no. 4 on 12.06.2023. 5. By means of this writ petition, petitioner has sought a direction to the Authorities to remove unauthorised occupation of respondent no. 4 from the land comprised in Khasra No. 163/6, Minjumla area 0.013 hectare. 6. Learned State Counsel, on instructions, submits that as revenue record, pertaining to Village Maheshra was required in consolidation proceedings pending before the concerned Authorities, therefore, the order of eviction could not be executed so far. He submits that revenue record is now received back by Tehsil Authorities and necessary steps, in terms of eviction 2026:UHC:4542 order, shall be taken, as per law, as early as possible. 7. In view of the statement made by learned State Counsel, the writ petition is disposed of by providing that if the order of eviction is not stayed by any higher forum, then the unauthorised occupation of respondent no. 4 shall be removed within eight weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J) 08.06.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802 a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C2 2DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.09 07:06:15 -07'00'