2026:UHC:212-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 06TH JANUARY, 2026 WRIT PETITION (PIL) NO. 4 OF 2026 Kapil Sharma ...Petitioner. Versus State of Uttarakhand and others. …..Respondents Counsel for the petitioner : Mr. Aayush Gaur, learned counsel. Counsel for the respondents : Mr. S.M.S. Mehta, learned Brief Holder for the State. Mr. Sandeep Kothari, learned counsel for respondent No. 4. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent No. 4. 2. This petition is directed against the activities of respondent Nos. 3 & 4, who have joined hands to create a park over a vacant land and in the said park, they have installed exercising equipments for welfare of the public; walking paths have been created and chain-link fencing have been installed to prevent any untoward incidents. 3. The premise for the petition is that the land is a forest land. 4. Learned counsel for respondent No. 4 submits that the land belongs to the Forest Department, but it is not a forest land and the Nagar Palika Parishad, Ramnagar has incurred expenditure for creation of the infrastructure, which is definitely in the interest of well being and health of the public. 5. In that view, we do not find any ground to retain the 2026:UHC:212-DB 2 writ petition, as no act adverse to the public in general is discernible. 6. The instant writ petition stands rejected. 7. Pending application, if any, also stands disposed of. _______________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 6th January, 2026 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1097d 17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8E0 10331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2026.01.08 12:16:04 +05'30'