Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 6 June, 2025

                                                        2025:UHC:4610-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

                Writ Petition (PIL) No.85 of 2025


                            6th June, 2025


 Pankaj Kumar Mason                                --   Petitioner

                                 Versus



 State of Uttarakhand and Others                   --Respondents

 ----------------------------------------------------------------------
 Presence:-
 Mr. M. S. Pal, learned Senior Counsel assisted by Mr. Vishwast Kandpal,
 learned counsel for the petitioner.
 Mr. Sunil Khera, learned DAG along with Mr. Yogesh Tiwari, learned
 Standing Counsel for the State.
 Mr. Pankaj Miglani and Mr. Lalit Miglani, learned counsel for respondent
 no.4 through V.C.

 ---------------------------------------------------------------------

 JUDGMENT :

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

Heard learned Senior Counsel for the petitioner,

learned Deputy Advocate General and learned counsel for

respondent no.4.

2. It is the case of the petitioner that the fourth

respondent-trust is in the occupation of a chunk of land,

which belongs to the Gram Sabha; that, despite several

efforts by the petitioner to have the encroachment

2025:UHC:4610-DB removed, the same have not fructified into any positive

results. In that view, he has approached this Court by

way of this Public Interest Litigation.

3. Per contra, learned counsel for the fourth

respondent would submit that the fourth respondent had

instituted a suit, bearing O.S. No.110 of 2022, and that

the present petitioner is the second defendant and that

the mother of the petitioner is the first defendant and

that the plaintiffs have sought for a relief of permanent

injunction only.

4. If that be the case, the pendency of the suit for

three long years is wholly unjustified. The allegation that

the land is a Gram Sabha land, is a serious one and the

Trial Court ought to have heard and disposed of the suit

on priority. But it is submitted that the concerned local

body/gram sabha has not been arrayed as a party

defendant in the suit.

5. Be that as it may, the issue is seized of by the

competent civil court. The competent civil court is the

appropriate forum for adjudication of the issue of title.

The parties shall be given opportunity to let in evidence

to demonstrate title or otherwise and the Court shall look

into the aspect of title and dispose of the suit as

2025:UHC:4610-DB expeditiously as possible at any rate within an outer limit

of four months from the date of receipt of copy of this

order.

6. Registry is directed to communicate this order

forthwith. The Trial Court shall not grant any unnecessary

adjournments.

7. Writ petition stands ordered accordingly. There

shall be no order as to costs.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 06.06.2025 BS

BALWANT

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

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02f e2eacbf28cdf4ba7ce8640c5820,

SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553D E5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:17:37 +05'30'