Unknown vs State Of Uttarakhand And Others
2025 Latest Caselaw 1704 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 4 August, 2025

                                                     2025:UHC:6820-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
 THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
                               AND
      THE HON'BLE JUSTICE MR. ALOK MAHRA
         Public Interest Litigation No. 144 of 2025
                          4th August, 2025
 Nasir                                        ...........Petitioner

                                Versus

 State of Uttarakhand and Others                ..........Respondents
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 Presence:-
 Mr. Bharat Singh, learned counsel for the petitioner.
 Mr. P.C. Bisht, learned Addl. C.S.C. for the State of Uttarakhand.
 Mr. Shobhit Joshi, holding brief of Mr. Ashish Joshi, learned
 counsel for respondent no.5.
 ----------------------------------------------------------------------
 JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioner

and learned Addl. C.S.C. for the State.

2. The complaint of the petitioner is that the

private respondent have occupied Khasra No.407,

measuring about 0.0510 hecters, and merged to

their own land comprised in Khasra No. 406 and

further the private respondent have constructed a

colony and also enclosed the encroachment with

the boundary wall; that, the land comprised in

Khasra No. 407 is a gohar land and is recorded so

in the Revenue Records; that, several

2025:UHC:6820-DB representation to the authorities has been of no

avail and, in that view, the petitioner is

constrained to approach this Court.

3. The petitioner has arrayed the Principal

Secretary, Urban Development Department, the

District Magistrate, Haridwar and the Sub-

Divisional Magistrate, Roorkee and the Tehsildar

Roorkee, District Haridwar and the Roorkee

Haridwar Development Authority Roorkee, District

Haridwar and the Nagar Panchayat Landhour,

Pargana Manglore, Tehsil Roorkee, District

Haridwar.

4. The latest representation made by the

petitioner is of the year 2025. In that view, we are

of the opinion that the instant PIL could be

disposed of by directing the S.D.M./3rd respondent

to consider the instant writ petition as a

representation and consider and dispose of the

same as expeditiously as possible, at any rate,

within an outer limit of three months.

5. In the event, the S.D.M./competent

2025:UHC:6820-DB authority is of the firm opinion that the gohar land

said to be comprised in Khasra No.407 is indeed a

government land, then the Competent Authority

shall strictly initiate and complete the process in

compliance with the guidelines stipulated by the

Hon'ble Apex Court in In Re: Directions in the

matter of demolition of structures, (Writ

Petition (Civil) No. 295 of 2022).

6. The writ petition stands ordered accordingly.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 04.08.2025 Mamta