2026:UHC:1899-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 19th March, 2026 Writ Petition (PIL) No. 197 of 2025 Samar Singh ------Petitioner Versus State of Uttarakhand & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. Bilal Ahmed, learned counsel for the petitioner through V.C. Mr. Rahul Verma, Additional Advocate General, Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel assisted by Mr. Gajendra Tripathi, learned Standing Counsel for the State/respondents no. 1 to 3. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present PIL has been filed ostensibly in public interest alleging that the private respondents are in illegal possession of the Gaon Sabha land. 2. Under Section 122-B of U.P.Z.A. & L.R. Act, a complete procedure is prescribed for taking action against any person in illegal possession of Gaon Sabha land. It requires a factual inquiry after due notice to the alleged encroacher. 3. In such circumstances, we are not inclined to examine the issue in exercise of writ jurisdiction and will leave it open to the petitioner to approach the 1 2026:UHC:1899-DB concerned authority for initiation of proceedings under the relevant provision. 4. The petition stands disposed of accordingly. 5. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 19.03.2026 Kaushal 2