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2026 DAILYLAW 6953 (UTT)

RAKESH KUMAR v. STATE OF UTTARAKHAND

WPMS/1813/2026 · 2026-06-15

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4799 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1813/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Petshali, Advocate, for the petitioner. Mr. Ghanshyam Joshi, Additional CSC, for the State. (2) Petitioner has made representation to the Sub Divisional Magistrate alleging that a waterbody land has been encroached by some private individuals. Since decision on that representation has not been taken, therefore, petitioner has approached this Court seeking the following reliefs: “I) Issue a Writ, order or direction in the nature Mandamus directing the respondent authorities to consider and decide the representation dated 04.06.2026 submitted by the petitioner within a fixed time frame (Annexure No. 2) Pg. No. 11 II) Issue a Writ, order or direction in the nature mandamus directing the respondent authorities to conduct spot inspection over Khasra No. 51 and 52 situated at Mauja Kamalpur Sainbas, Tehsil Roorkee, District Haridwar. III) Issue a writ, order or direction commanding the respondent authorities to take appropriate action in accordance with law against illegal encroachment over the pond/public utility land.” (3) Learned State Counsel submits that he has no objection if Sub Divisional Magistrate concerned is asked to examine the allegation made by the petitioner in his representation. (4) Writ petition is, accordingly, disposed of with a request to SDM concerned to take decision on petitioner’s representation, one way or the other, within 2026:UHC:4799 eight months from the date of presentation of certified copy of this order. It goes without saying that person(s), likely to be affected by the decision to be taken, shall be provided reasonable opportunity of hearing before passing any order in the matter. (Manoj Kumar Tiwari, J.) 15.6.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e6 1af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58 8052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.15 19:13:37 +05'30'