Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4566 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1652/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. S.R.S. Gill, Advocate for the petitioner. Mr. Yogesh Pandey, Deputy Advocate General with Mr. Tarun Lakhera, Brief Holder for the State.
2. Petitioner owns a piece of agricultural land, which is adjoining the barsati nallah.
3. According to the petitioner, the said barsati nallah has not been cleaned for last several years, due to which, during rainy season, water from the said nallah enters the agricultural fields of the petitioner, thereby causing soil erosion and also destroying the standing crops.
4. By means of this writ petition, petitioner has sought the following reliefs:
“i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to act forthwith with the cleaning and pitching of the river situated in khasra no. 40/1 in village Lakhanpur, Tehsil Bazpur, District Udham Singh Nagar, in accordance with law.
ii) Issue a writ order or direction in the nature of mandamus directing the respondents authorities for restraining the private respondents from causing unnecessary hindrance in the cleaning and pitching of the river.”
5. Learned State Counsel on instruction
2026:UHC:4566 submits that petitioner is not the sole owner of the agricultural land and there is some dispute going on between the co-owners which is pending before the Revenue Courts.
6. He submits that due to ongoing dispute, the co-sharers were not permitting the authorities to clean barsati nallah.
7. Having regard to the
facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to approach the Sub Divisional Magistrate concerned by making representation.
8. Accordingly, the writ petition is
disposed of by permitting petitioner to make representation to the SDM concerned within one week from today. If he makes representation within the stipulated time, SDM concerned shall pass necessary order, as per law, within two weeks thereafter.
(Manoj Kumar Tiwari, J.) 09.06.2026 Mahinder/