Extracted from the PDF above. The PDF is authoritative.
UKHC010107642026
2026:UHC:5122 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1909/2026
Saroj
--Petitioner Versus State Of Uttarakhand & Others --Respondents
Hon’ble Manoj Kumar Tiwari, J.
Mr. Sushil Kumar, Advocate, i/b Mr. Gaurav Singh, Advocate for the petitioner.
Mr. Ghanshyam Joshi, Additional CSC, for the State. (2) According to petitioner, she is recorded as bhumidhar with transferable rights in respect of a parcel of land situate in Village Rawali Mahdood, Pargana Jwalapur, Tehsil and District Haridwar, however respondent no. 6, 7 and 8 are trying to encroach upon her land. Reliefs sought in this writ petition are as follow:
“a) Issue a writ, order or direction in the nature of Mandamus commanding Respondent Nos. 2 to 4 to forthwith implement the orders passed by the Sub- Divisional Magistrate, Haridwar on the Petitioner’s representations dated 19.05.2025 and 11.12.2025 (contained as Annexure Nos. 2 and 4 respectively to the Writ Petition).
b) Issue a writ, order or direction in the nature of Mandamus commanding Respondent Nos. 2 to 4 to conduct necessary inquiry/spot inspection and take appropriate action in accordance with law for protection of the Petitioner’s recorded land situated at Village Rawali Mahdood, Pargana Jwalapur, Tehsil and District Haridwar.
c) Issue a writ, order or direction commanding Respondent Nos. 5 to 7 not to interfere in the peaceful possession of the Petitioner and not to make any illegal encroachment or unauthorized construction over the Petitioner’s land except in accordance with due process of law.”
UKHC010107642026
2026:UHC:5122 (3) Petitioner has relied upon an administrative order passed by Sub Divisional Magistrate in respect of her claim that she is recorded as owner. The said order, however, does not support the contention as it merely says that if petitioner’s claim regarding title is correct, then encroachers may be prevented from raising construction thereupon. (4) Learned State Counsel, however, submits that if petitioner makes representation to the Sub Divisional Magistrate concerned, then he shall look into the matter and take necessary steps as per law. (5) Writ petition is, accordingly,
disposed of by permitting the petitioner to make representation. With her representation, petitioner shall enclose all documents, including revenue records, which support her claim. If petitioner makes such representation within ten days from today, Sub Divisional Magistrate concerned shall examine the issue and pass necessary order, as per law, within six weeks thereafter. (6) It goes without saying that all persons likely to be affected by the decision to be taken by Sub Divisional Magistrate concerned shall also be given opportunity of hearing.
(Manoj Kumar Tiwari, J.)
29.6.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6e ae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACC C1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.29 17:00:24 +05'30'
UKHC010107642026
2026:UHC:5122
UKHC010107642026
2026:UHC:5122