Monu Kumar vs State Of Uttarakhand And Others
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Uttarakhand High Court

Monu Kumar vs State Of Uttarakhand And Others on 14 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                       2024:UHC:8496-DB
     HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE ACTING CHIEF JUSTICE MR. MANOJ
              KUMAR TIWARI
                   AND
 HON'BLE SRI JUSTICE VIVEK BHARTI SHARMA
           14TH NOVEMBER, 2024
     WRIT PETITON (PIL) NO. 175 OF 2024
Monu Kumar                      .......Petitioner
                  Versus

State of Uttarakhand and others.                    .......Respondents

Counsel for the petitioner    :       Mr. Surendra Kumar Bahl, learned
                                      counsel.
Counsel for the respondents   :       Mr. Amarendra Pratap Singh, learned
                                      Additional Advocate General with Mr.
                                      S.S. Chaudhary, learned Brief Holder
                                      for the State of Uttarakhand.

JUDGMENT :

(per Mr. Manoj Kumar Tiwari, A.C.J.)

In this writ petition, allegedly filed in public

interest, petitioner has sought the following reliefs:-

"i) Issue an order, direction or writ in the nature of mandamus directing the Respondent no. 2, 3 and 4 herein to restrain the encroachers, as well as any other person, from carrying out any construction on the government land situated at Khata No. 195 Khasra no. 160, Village Sidhdhu Pargana Manglaur, Tehsil Laksar District Haridwar.

ii) Issue an order, direction or writ in the nature of mandamus directing the respondent no. 2, 3 and 4 to demolish the encroachment erected over of the government land situated at Khata No. 195 Khasra no. 160, Village Sidhdu Pargana Manglaur, Tehsil Laksar District Haridwar under category 6(1) of the provisions of Uttar Pradesh Land Revenue Act.

iii) Issue any other appropriate order or direction as the Hon'ble Court thinks fit and proper.

iv) Award the cost to the petitioner."

2. Learned State Counsel, on instructions, submits

2024:UHC:8496-DB that petitioner had made a complaint against alleged

encroachers and during inspection by Revenue

Authorities, the complaint, made by petitioner, was

found to be correct and proceedings have now been

initiated against the encroachers under Section 122B of

U.P. Z.A. and L.R. Act. He further submits that upon

culmination of the said proceedings, necessary

corrective steps shall be taken.

3. We, therefore, dispose of the writ petition by

taking the statement made by learned State Counsel on

record.

_______________________

MANOJ KUMAR TIWARI, A.C.J.

_____________________ VIVEK BHARTI SHARMA, J.

Dt: 14th November, 2024 Rathour

PRAVINDRA UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779 d9e3aeb1097d17dbb53d481cabd25946ee

S RATHOUR d, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A 40CC6179B8E010331BA695239171F906FD 5C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.11.18 13:48:05 +05'30'