Julfikar vs State Of Uttarakhand
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Uttarakhand High Court

Julfikar vs State Of Uttarakhand on 9 May, 2025

                                                    2025:UHC:3732-DB

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
 HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                    AND
      HON'BLE SRI JUSTICE ALOK MAHRA
                         09th May, 2025
        WRIT PETITION (PIL) No. 25 OF 2025

Julfikar                                              ...Petitioner

                               Versus

State of Uttarakhand
and Others                                          ...Respondents


Presence:-
Mr. Bilal Ahmad, learned counsel for the petitioner.
Mr. Amarendra Pratap Singh, learned Additional Advocate
General alongwith Ms. Anjali Bhargava, learned counsel for
the State.



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

JUDGMENT:

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

The petitioner is before this Court complaining of

encroachment on government land by respondent nos. 5,

6 and 7.

2. Learned Additional Advocate General submits that

proceedings have already been initiated by the competent

authority i.e. SDM, Laksar, District Haridwar under the

provisions of Section 122-B of the UPZA&LR Act.

3. In view of the action already having been initiated,

the prayer of the petitioner stands answered in part. In

2025:UHC:3732-DB that view, we are of the considered opinion that the

instant writ petition can be disposed of by directing the

competent authority to complete the process, as

expeditiously as possible at any rate within an outer limit

of six months.

4. If the proceedings are pending before an authority

not competent to invoke the provisions of Section 122-B,

the same shall be transferred before the competent

authority/SDM, Laksar, District Haridwar. The competent

authority shall endeavour to hear and dispose of the

matter, as expeditiously as possible at any rate within an

outer limit of six months. The competent authority shall

not grant any adjournment, except in cases of grave

emergency or serious medical emergency warranting

hospitalization.

5. The writ petition stands ordered accordingly.

6. In view of the nature of the above order, notice to

respondent nos. 5, 6 and 7 is dispensed with.

_______________ G. NARENDAR, C.J.

_______________ ALOK MAHRA, J.

Dt: 09th May, 2025 UJJWAL