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2026 DAILYLAW 9388 (UTT)

ASHOK REKHI v. STATE OF UTTARAKHAND

WPMS/2369/2026 · 2026-08-05

Manoj Kumar Tiwari

Public Interest Litigationbody2026

Judgment text

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UKHC010137332026 2026:UHC:6884 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2369/2026 Ashok Rekhi --Petitioner Versus State of Uttarakhand and others --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Ravi Bisht, Advocate for the petitioner. 2. Mr. Ghanshyam Joshi, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 3. 3. Mr. Bhupendra Bisht, Advocate for respondent no. 3. 4. Mr. Karmanya Pandey, Advocate, has put in appearance on behalf of respondent no. 5. 5. 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 Respondent no. 2 (Sub-Divisional Magistrate, Nainital) and Respondent No. 3 (Tehsildar, Nainital) to forthwith execute and complete the physical demarcation (paimaish) and boundary marking (hadbandi) on the spot in respect of the Petitioner’s property measuring 6,600 sq. ft. situated at Plot No. 8D, Sakley’s Cottage/ Emeily Cottage Compound, Ward No. 09, Ayarpata, Mallital, Nainital, strictly as per the earlier official survey reports dated 17.11.2016 (Annexure No. 4 Page No. 33 to 34) and 27.06.2025 (Annexure No. 6 Page No. 40 to 41). ii- Issue a writ,, order, or direction in the nature of Mandamus, directing Respondent Nos. 2, 3, and 4 to ensure the installation of permanent boundary pillars / fencing to protect and secure the full 6,600 sq. ft. area belonging to the Petitioner without any unlawful interference on obstruction from private parties.” UKHC010137332026 2026:UHC:6884 6. Learned State Counsel has produced in Court order dated 03.08.2026, passed by Sub Divisional Magistrate, Sadar, Nainital, which is taken on record. Perusal of the said order reveals that Tehsildar, Nainital has been directed to take necessary action, after hearing all concerned. 7. Learned counsel for petitioner, however, submits that the land belonging to petitioner is yet to be identified by the revenue authorities. 8. Having regard to the facts of the case, the writ petition is disposed of by directing Sub Divisional Magistrate to have the land belonging to petitioner, demarcated on the site, after hearing all stakeholders, including respondent no. 5. This Court hopes and expects that all necessary steps shall be taken by Sub Divisional Magistrate concerned to ensure that petitioner’s land is demarcated within four weeks from today. (Manoj Kumar Tiwari, J.) 05.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB2 1CE5, cn=NAVEEN CHANDRA Date: 2026.08.05 17:46:07 +05'30'