August vs State Of Uttarakhand And Others
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Uttarakhand High Court

August vs State Of Uttarakhand And Others on 11 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                      2025:UHC:7024-DB
     HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Public Interest Litigation No.148 of 2025
                         11 August, 2025


Monu Kumar                                                --Petitioner

                                Versus

State of Uttarakhand and Others                   --Respondents
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Presence:-
Mr. Bilal Ahmed, Advocate for the petitioner.
Mr. Yogesh Chandra Tiwari, learned Standing     Counsel   for   the   State.
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Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.

(Per: Hon'ble Manoj Kumar Tiwari, J.)

                           JUDGMENT

By means of this writ petition filed in public interest, petitioner has sought following relief:-

1) Issue a writ order or direction in the nature of Mandamus directing the respondents to take immediate action for restraining the private respondents and others from encroaching on the road Puhana Narsan Road from Land Mark 23.900 Km to 24.100 Km near Village Ramnagar and suitable action be taken against the encroachers"

2. Annexure No.1 to writ petition is the representation made by petitioner, as enclosed at page no.15 of writ petition.

3. Perusal of said representation reveals that there is a sharp bend on Puhana-Narsan Road at 23.900 to Km.24.100 near Ramnagar Village due to which several road accidents have happened in the recent past. Petitioner alleges that problem is further compounded due to encroachment over the said road made by certain

2025:UHC:7024-DB unscrupulous persons, therefore, petitioner has sought direction to the authorities for removal of the encroachment.

4. Learned State Counsel submits that The Public Works Department issued notices to Satpal and Rishipal both S/o Ilamchand on 05.04.2025 and Govind Kumar S/o Rajendra Singh on 17.04.2025 asking them to remove encroachment. Annexure No.4 is a letter dated 22.04.2025 issued by Executive Engineer, Construction Division, Public Works Department, Roorkee to the Joint Magistrate, Roorkee whereby request was made to constitute a team consisting of officers from Police Department, Revenue Department and Public Works Department, for making joint inspection of the spot.

5. Learned State Counsel submits that whether the joint team was constituted, as requested by Executive Engineer Public Works Department, or not is not clear.

6. We, therefore, dispose of the writ petition with direction to the Joint Magistrate, Roorkee, Haridwar to constitute a team of senior officials of Police Department, Revenue Department and Public Works Department within two weeks. The joint team shall make inspection of the spot in question and after giving 15 days' notice to persons found to have encroached, remove all unauthorised construction/encroachment from the highway within 4 months from date of presentation of certified copy of this order before Joint Magistrate concerned.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 11.08.2025 SS

SUKHBANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a 8a6380d49b1885e628615, postalCode=263001,

SINGH st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B 7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.08.13 11:32:51 +05'30'