Extracted from the PDF above. The PDF is authoritative.
UKHC010112712026
2026:UHC:5453 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1992/2026
Deepak Chand --Petitioner Versus State Of Uttarakhand --Respondent
Hon'ble Manoj Kumar Tiwari, J.
Mr. Jai Krishna Pandey, Advocate for the petitioner.
2. Ms. Swati Verma, Brief Holder for the State of Uttarakhand.
3. By means of this writ petition, petitioner has sought the following reliefs:-
“i. To issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 to remove the illegal encroachment done by respondent no. 4 on land measuring 0.0040 hectare out of Khasra No. 26Kha, area 0.0250 hectare, situated over the Patri Canal in Village Bagi, which belongs to the Irrigation Department. ii. Issue a writ, order or direction in the nature of mandamus directing respondent nos. 2 and 3 to conclude the proceedings initiated pursuant to the notices already issued, and to remove the encroachment/unauthorized construction raised by respondent no. 4 from Khasra No. 26Kha within a time bound period to be fixed by this Hon’ble Court.”
4. In paragraph no. 3 of the writ petition, it is mentioned that the writ petition is filed in public interest.
5. The relief as sought by petitioner cannot be granted. Since before passing any order, this Court will have to return a finding that structure raised by
UKHC010112712026
2026:UHC:5453 respondent no. 4 is on a public land, therefore, without going through the evidence, such adjudication is not possible. The matter can appropriately be decided by a Civil Court.
6. In the writ petition, it is stated that petitioner has filed petition in the C.M. helpline portal. Therefore, he can get the remedy from that forum. Accordingly, the writ petition is disposed of with liberty to petitioner to seek remedy from the appropriate forum.
(Manoj Kumar Tiwari, J.) 07.07.2026 Navin