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2026 DAILYLAW 8113 (UTT)

MAHENDRA SINGH v. STATE OF UTTARAKHAND

WPMS/2103/2026 · 2026-07-15

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010121092026 2026:UHC:5866 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2103/2026 Mahendra Singh --Petitioner Versus State of Uttarakhand & others --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Ravi Bisht, Advocate for the petitioner. 2. Mr. Pan Singh Bisht, Brief Holder for the State of Uttarakhand/respondent nos. 1, 2 & 5. 3. Mr. Rahul Consul, Advocate for respondent no. 3. 4. Mr. M.S. Bisht, Advocate for respondent no.4. 5. By means of this writ petition, petitioner has sought the following reliefs:- “1. Issue a writ, order or direction in the nature of mandamus commanding and directing to the Respondents No. 1 to 5 to immediately execute physical sealing of the building and forthwith demolish the illegal multy-story commercial structure raised on Khasra No. 461, Mauza Ghughityani Talli, Tapovan, Tehri Garhwal by the private respondents. 2. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities of the state to clear all encroachments on government land surrounding Khasra No. 461 and recover the vacant possession of public land from the Respondents No. 6 and 7 respectively. 3. Issue a writ appropriate in nature instituting an independent inquiry into the deliberate inaction and collusion of the local administrative officials who permitted a foundation to turn into a multi-story building despite active stop-work orders issued by the authority of District Level Development Authority, Tehri Garhwal from time to time. 4. Issue a writ appropriate in nature restricting the Respondent No. 6 and 7 from executing any further construction or operating the hotel during the pendency of the writ petition.” UKHC010121092026 2026:UHC:5866 6. In sum and substance case of the petitioner is that respondent nos. 6 & 7 are illegally raising construction without permission from the Development Authority. It is further alleged that the construction is being raised by respondent nos. 6 & 7 on the public land. 7. Mr. Rahul Consul, learned counsel appearing for the District Level Development Authority submits that report of the revenue authorities indicates otherwise and dispels the doubt created by petitioner that construction is being raised in Government land. He, however, submits that proceedings have been initiated against respondent nos. 6 & 7 by issuing notice under Section 27(1) and 28 (1) of Uttarakhand Urban and Country Planning and Development Act, 1973. He assures that proceedings shall be brought to a logical end within six months. 8. The writ petition is, accordingly, disposed of by taking the statement made by Mr. Rahul Consul, learned counsel appearing for the District Level Development Authority, on record. (Manoj Kumar Tiwari, J.) 15.07.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a 15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A8 6DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.15 19:17:12 +05'30'