Mursarat vs State Of Uttarakhand & Others
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Uttarakhand High Court

Mursarat vs State Of Uttarakhand & Others on 16 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                   2025:UHC:11223-DB




HIGH COURT OF UTTARAKHAND AT NAINITAL

       HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
                         AND
        HON'BLE JUSTICE SRI SUBHASH UPADHYAY

                        16 December, 2025

             Writ Petition (PIL) No.226 of 2025


Mursarat                                             ----Petitioner
                               Versus

State of Uttarakhand & Others                     ----Respondents
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Presence:-
Mr. Himanshu Pal, learned counsel for the petitioner
Mr. J.P. Joshi, learned Additional Advocate General assisted by Mr.
S.S. Chaudhary, learned Standing Counsel for the State
--------------------------------------------------------------------
The Court made the following:

JUDGMENT:

(per Hon'ble Justice Sri Manoj Kumar Tiwari)

1. According to the petitioner, respondent no.6

who is elected Pradhan of Village Ladpur Kalan, Tehsil

Laksar, District Haridwar has dug the public road for

laying a new drain without following due process.

2. The reliefs sought in the writ petition are as

follows:-

"i. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.6 not to carry out any construction/excavation for any new drainage on the land khasra no.111 situated in Gram Village Ladpur Kalan (Aht.) District Haridwar, Uttarakhand.

2025:UHC:11223-DB

ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.1 to 5 to remove the encroachment from the encroached land i.e. Khasra no.111 situated in Gram Village Ladpur Kalan, Ladpur Kalan, Aht., District Haridwar, Uttarakhand."

3. Learned State Counsel submits that if

petitioner had any grievance in the matter, then he

could have approached the concerned Authorities by

making a representation. Learned counsel for the

petitioner submits that the petitioner has already made

a representation.

4. Accordingly, writ petition is disposed of with a

direction to the concerned SDM to look into the issue

raised by the petitioner in his representation and take

decision as per law, after hearing respondent no.6 and

other stakeholders, if any, within six months from the

date of receipt of certified copy of this order.

_______________________________ MANOJ KUMAR TIWARI, J.

____________________________ SUBHASH UPADHYAY, J.

Dt: 16.12.2025 Rajni