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2026 DAILYLAW 8353 (UTT)

RAM CHANDRA NAUTIYAL v. DIRECTOR REHABILITATION TEHRI DAM PROJECT NEW TEHRI

WPMS/2158/2026 · 2026-07-20

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010124652026 2026:UHC:6055 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2158/2026 Ram Chandra Nautiyal … Petitioner Versus Director Rehabilitation Tehri Dam Project New Tehri … Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Pradeep Chamiyal, learned counsel for the petitioner. 2. Ms. Swati Verma, learned Brief Holder for the State of Uttarakhand. 3. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to get physical possession of plot no. 58 (A) Area ½ Acre (part of Khasra No. 390) situated at Village Salempur Mahedud Roshanabad, Haridwar to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to allot another plot to the petitioner bearing plot no. 13 (area ½ Acre) situated at Ghamandpur, Rainapur Grant, Ranipokhari Dehradun. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to take necessary action in representation dated 17.06.2026 submitted by the petitioner (Annexure no. 8) page no. 24 to 25. 4. Learned State Counsel, however, points out that this is the third writ petition in a row for the same relief. He submits that in the first writ petition filed by petitioner, he was permitted to make representation to the Competent UKHC010124652026 2026:UHC:6055 Authority and the Competent Authority was asked to take decision on his representation within six weeks. He submits that thereafter petitioner filed another writ petition, which was disposed of with a direction to Tehsildar to conduct joint measurement / inspection of the property situate on Khasra No. 390. 5. The report submitted by Tehsildar is on record as Annexure 7 to the writ petition. Based on that report, State Counsel concedes that the area of the land found in possession of petitioner is less than what was allotted to him. He submits that as per report, someone else has raised a house over part of the land allotted to petitioner. 6. Having regards to the facts of the case, the writ petition is disposed of with liberty to petitioner to make representation to Director, Rehabilitation. If petitioner makes representation within two weeks, drawing attention of Director to the report submitted by Tehsildar, Director shall look into the matter and pass necessary order within four months thereafter. It goes without saying that persons, who allegedly have encroached upon the land allotted to petitioner, shall also be given hearing in the matter. The Director may call for a report from the Revenue Authorities / Survey Official, if need be, for arriving at a just conclusion. (Manoj Kumar Tiwari, J) 20.07.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C E3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.20 07:07:50 -07'00'