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2026 DAILYLAW 8950 (UTT)

NAFISA v. DISTRICT MAGISTRATE HARIDWAR

WPMS/2271/2026 · 2026-07-28

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010131672026 2026:UHC:6448 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2271/2026 Nafisa --Petitioner Versus District Magistrate Haridwar & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Bilal Ahmed, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. (2) According to petitioner, she has made an application for demarcation of her holding before Tehsildar, Roorkee on 23.3.2026. In this writ petition, petitioner has sought a direction to Tehsildar to take decision on the said application as early as possible. (3) Learned State Counsel, however, submits that writ petition is wholly misconceived. He submits that there is a boundary dispute between petitioner and her neighbour and petitioner wants to settle that dispute in demarcation proceedings. He further submits that application is made by the petitioner to Tehsildar, while competent authority is Assistant Collector, 1st Class. (4) This Court finds substance in the submissions made by learned State Counsel. Demarcation proceedings cannot be used for settling dispute with neighbours or for removal of encroachment from agricultural holding. Moreover, application UKHC010131672026 2026:UHC:6448 has been made to an authority, who is not competent for the purpose. Writ petition is, therefore, disposed of with liberty to petitioner to seek remedy before the appropriate authority. (Manoj Kumar Tiwari, J.) 28.7.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af 3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588 052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.28 13:58:17 +05'30'