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2026 DAILYLAW 9253 (UTT)

SETH SURAJMAL AND SETH BABULAL DHARMADA AND DHARMIC TRUST v. STATE OF UTTARAKHAND

WPMS/2298/2026 · 2026-07-31

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010133242026 2026:UHC:6672 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2298/2026 Seth Surajmal and Seth Babulal Dharmada and Dharmic Trust --Petitioner Versus State of Uttarakhand & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. T.P.S. Takuli, Advocate, for the petitioner. Mr. Devendra Pant, Standing Counsel, for the State. Mr. Rahul Consul, Advocate, for the MDDA. (2) By means of this writ petition, petitioner has sought the following reliefs: “i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, 3 & 4 to take appropriate action on petitioner's application as even after the sufficient service and even after the illegal construction being raised by the encroachers, the respondents are not taking any legal action against the encrooachers, who are raising illegal and unauthorized construction within 50 meters from the River Ganga at Triveni Ghat Rishikesh, which creates great hardship, irreparable loss and injury to the petitioner and the same cannot be compensated by any means. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the UKHC010133242026 2026:UHC:6672 representation dated 22-06-2026 submitted by the petitioner strictly as per law, else the petitioner shall suffer great hardship, irreparable loss and injury and the same cannot be compensated by any means. (Annexure no. 2 (page no. 17 to 20) to this petition).” (3) Mr. Rahul Consul, learned Counsel appearing for Mussoorie Dehradun Development Authority, submits that Sub Divisional Magistrate, Rishikesh has marked a complaint for necessary action to Assistant Engineer, MDDA on 29.6.2026 and case was registered and 10.7.2026 was fixed for sealing of the structures, however, due to Char Dham Yatra, police and magisterial assistance was not available, therefore no further steps could be taken. He assures that the matter will be looked into by the concerned authority of MDDA and appropriate order shall be passed, as per law. (4) Writ petition is, accordingly, disposed of in terms of the statement made by Rahul Consul. It is made clear that the competent authority in MDDA will take decision, uninfluenced by this order. (Manoj Kumar Tiwari, J.) 31.7.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d46250 3, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67 F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.31 19:36:49 +05'30' UKHC010133242026 2026:UHC:6672