UKHC010141482026 2026:UHC:7178 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2431/2026 Mr Laiq Ahmed --Petitioner Versus Senior Section Engineer Work and others --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Gaurav Kandpal, Advocate for the petitioner. 2. Mr. Manoj Kumar, Standing Counsel for the Union of India/respondent nos. 1 & 2. 3. Mr. Rakesh Singh Kunwar, Additional Chief Standing Counsel for the State of Uttarakhand/respondent no. 3. 4. Mr. B.D. Pande, Advocate for respondent no. 4. 5. Petitioner is in possession of a double storied building, situate at Bhawaniganj, Ramnagar. Indian Railways issued a notice to the petitioner on 09.01.2026 asking the petitioner to enhance the rent or hand over vacant possession of that property to the Indian Railways, as the land over which the double storied house is constructed, belongs to the Indian Railways. 6. Petitioner approached this Court by filing WPMS/219/2026, which was disposed of with liberty to petitioner to make representation before respondent no. 1 and respondent no. 1 was directed to UKHC010141482026 2026:UHC:7178 take decision on that representation by passing a speaking and reasoned order. 7. The Senior Section Engineer/Works, Kashipur has thereafter passed an order on 03.08.2026, whereby petitioner has been told that in case he failed to vacate the property within seven days, then the encroachment made by him shall be removed at his cost and expenses. Petitioner has challenged the said order dated 03.08.2026 in this writ petition. 8. Learned counsel for the petitioner submits that despite the order passed by this Court, the Senior Section Officer has passed a non-speaking order and issues raised by petitioner in his representation were not considered at all. The representation made by petitioner, in terms of order passed by this Court, is on record as Annexure-7 to the writ petition. In his representation, petitioner had raised various issues, however, in the impugned order, there is no reference to the issues raised by petitioner and the decision of the competent authority taken thereupon. 9. Since the impugned order is totally non-speaking and lacunic, therefore, the same is set aside. The writ petition stands disposed of and the matter is remitted to the Senior Section Engineer/Works, Indian Railways to decide the representation submitted by petitioner, afresh by passing a speaking order. Till decision is taken in the matter, petitioner shall not be evicted from the property in question. (Manoj Kumar Tiwari, J.) 12.08.2026 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=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2026.08.12 18:18:07 +05'30'