Uttarakhand High Court
21St July vs State Of Uttarakhand & Others on 21 July, 2025
2025:UHC:6343-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
SPECIAL APPEAL NO. 195 OF 2025
21ST JULY, 2025
Ashok Kumar Maurya ...... Appellant
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the appellant : Mr. S.K. Mandal and Mr. Ajeet
Kumar Yadav, learned counsel
Counsel for the respondents : Mr. B.S. Parihar, learned Additional
Chief Standing Counsel assisted by
Mr. S.M.S. Mehta, learned Brief
Holder for the State / respondent
Nos. 1 and 5
: Mr. Sanjay Bhatt, learned counsel for
respondent Nos. 2 to 4
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
This intra-court appeal is preferred being aggrieved
by the order of the Learned Single Judge, whereby the Learned
Single Judge has been pleased to accept the contention of the
respondents that in the light of the bar under Article 243-O of
the Constitution of India, the writ petition challenging the
election process cannot be entertained.
2) It is the case of the appellant / petitioner that the
notice for removal of encroachment was issued three days
2025:UHC:6343-DB
prior to the election notification and it was with the deliberate
intent and motivated. The action has been initiated with the
intent to prevent the petitioner from contesting the elections.
3) Mr. Anand Singh Negi, Assistant Engineer (III), Irrigation
Sub Division, Khatima is present before the Court and has
placed before the Court certain photographs which are not
conclusive of anything, and has also placed one register of
encroachers to whom notices have been issued pursuant to an
order of this Court dated 26.12.2024, whereby this Court
acting on a report of the Sub Divisional Magistrate, wherein six
encroachers have been named, proceeded further and directed
the constitution of a three member committee by the District
Magistrate, and further directed that all encroachments be
looked into and be removed. It is the case of the
departmental Engineer that pursuant to the direction
committee has been constituted, and encroachments have
been identified, and notices have been issued to 80 persons.
The notice regarding the encroachment would stand even as of
today and has not been interfered with by any authority,
superior authority or by a court of law.
4) In that view, we do not find any ground which will
warrant interference with the order of the Learned Single
Judge. Though with regard to the maintainability of petitions
relating to the rejection of nomination this Bench has held
otherwise. That apart, it is seen that the election is slated to
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be held on 24.07.2025, and any direction at this stage on
account of paucity of time is likely to disrupt the election
process.
5) In that view the appeal is rejected with liberty to the
appellant to approach the Tribunal and demonstrate that there
is no any encroachment committed by him, and if such finding
is rendered, it is open to the appellant to sue the department
and, in particular, the officer for appropriate damages.
6) The register placed before the Court is directed to be
returned to the learned Additional Chief Standing for the State.
7) As a sequel thereto, pending application, if any, shall
stand closed.
________________
G. NARENDAR, C.J.
____________
ALOK MAHRA, J.
Dt: 21ST JULY, 2025
Negi
HIMANS
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, postalCode=263001, st=UTTARAKHAND,
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Date: 2025.07.24 14:54:14 +05'30'
