Uttarakhand High Court
Birbhaddar Mahadev Mandir & Another ... vs State Of Uttarakhand & Others on 23 March, 2026
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports, orders or
SL.
Date proceedings or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with Signatures
WPMS No.699 of 2026
Birbhaddar Mahadev Mandir & another ..........Petitioners
Versus
State of Uttarakhand & others .....Respondents
Hon'ble Pankaj Purohit, J.
Mr. Bhupesh Kandpal, learned counsel with Mr. Hem Chandra Joshi, learned counsel for the petitioners.
2. Mr. Suyash Pant, learned Standing Counsel for the State.
3. It is contended by learned counsel for the petitioners that the impugned notice is illegal, as no reasonable opportunity was granted to the petitioners. The mere grant of 48 hours' time to remove the alleged encroachment is wholly arbitrary, unreasonable, and unjust. It is a settled position of law that any action affecting rights must be preceded by a fair, reasonable, and adequate opportunity of being heard.
4. As prayed, two weeks' time is granted to the State Counsel to file counter affidavit.
5. List on 09.04.2026.
6. Till then, petitioners shall not be evicted from the Gausala in question.
(Pankaj Purohit, J.) 23.03.2026 AK