Extracted from the PDF above. The PDF is authoritative.
UKHC010116602026
2026:UHC:5739 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2051/2026
Saurabh Kumar --Petitioner Versus State of Uttarakhand and others --Respondents
Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Petshali, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. Ms. Anjali Bhargava, Advocate for respondent. 2. Petitioner is resident of village Chudiyala, Mohanpur, Tehsil Bhagwanpur, District Haridwar. According to petitioner, there are certain unscrupulous persons who have encroached upon public drain and his representation to the concerned authority has fallen on deaf ears. 3. Representation made by petitioner is on record as Annexure-2 to the writ petition, which was allegedly made on 04.06.2026. 4. Learned State Counsel, however, submits that this appears to be private dispute between two neighbours. He submits that details about the drain has not been given in the representation, and it is not indicated whether it is next to National Highways or State Highway or it passes through agricultural field only. 5. Learned State Counsel submits that there is
UKHC010116602026
2026:UHC:5739 growing tendency in certain areas to give different colour to private dispute between neighbours, for filing writ petition seeking direction for removal of encroachment from public land. He submits that petitioner has nowhere mentioned that he has not encroached upon any part of public land or other Government property. 6. Having regard to the facts of the case, the writ petition is disposed of with a direction to the District Magistrate to first hold enquiry in respect of petitioner as to whether he has encroached upon any public property, including government land. This exercise shall be completed within two months. The District Magistrate shall take necessary steps for removal of encroachment, if made by petitioner from public land within two weeks thereafter. 7. If after completing the exercise, as aforesaid, it is found that petitioner has not encroached upon any public land, then District Magistrate shall take up petitioner’s representation and have the site inspected by a revenue official not below the rank of Tehsildar and if it is found that the public drain has been encroached, as alleged by petitioner, then necessary steps shall be taken for removal of encroachment.
(Manoj Kumar Tiwari, J.) 13.07.2026 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18 b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC 9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.07.16 16:07:01 +05'30'
UKHC010116602026
2026:UHC:5739