WPMS/2984/2025
2025 Latest Caselaw 5664 UK

Uttarakhand High Court

WPMS/2984/2025 on 20 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                  2025:UHC:10322
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS No. 2984 of 2025
                               With
                               WPMS No. 2986 of 2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Susheel Kumar, learned counsel for the petitioners.

2. Mr. Rahul Verma, learned Additional Advocate General for the State of Uttarakhand.

3. Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMS No. 2984 of 2025 alone are being considered and discussed.

4. Petitioner is aggrieved by a notice issued by Sub-Divisional Magistrate, Bhagwanpur, District Haridwar on 19.09.2025. By the said notice, he was called upon to produce all documents regarding title over land comprised in Khasra No. 426m, within fifteen days, and he was informed that upon submission of documents, he shall be given personal hearing on 10.10.2025 at 11.00 a.m., but in case of failure to produce the relevant documents, it shall be deemed that petitioner has encroached upon Government Land.

5. Petitioner contends that he is in possession over Khasra No. 425, which is a Bhumidhari land purchased by him by registered sale deed executed on 13.12.1984. Learned counsel for 2025:UHC:10322

petitioner submits that the allegation that petitioner is in unauthorised occupation over Government land is not correct. He further submits that petitioner has submitted all documents in support of his claim regarding title over the land in question on 10.10.2025, however, petitioner was not given personal hearing.

6. Having regard to the facts and circumstances of the case, the writ petitions are disposed of with a direction to Sub-Divisional Magistrate, Bhagwanpur to examine the documents produced by petitioner(s) and the reply, if any, submitted by him, within four weeks; Sub-Divisional Magistrate shall thereafter pass appropriate order(s), as per law, within two weeks thereafter. For a period of six weeks or till decision is taken by SDM concerned, whichever is earlier, status quo as on today as regards to possession over land in question shall be maintained.

(Manoj Kumar Tiwari, J) 20.11.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0,

ASWAL cn=NITI RAJ SINGH ASWAL Date: 2025.11.20 03:57:37 -08'00' 2025:UHC:10322