Uttarakhand High Court
WPMS/2738/2025 on 23 September, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:8528
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS/2738/2025
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Deepak Petshali, learned counsel
for the petitioner.
2. Mr. Suyash Pant, learned Standing
Counsel for the State of Uttarakhand.
3. Ms. Anjali Bhargava, learned counsel
for the respondent-Gaon Sabha.
4. By means of this writ petition,
petitioner has sought the following reliefs:-
(i) Issue a Writ, order or direction in the nature of
Mandamus directing the respondent no. 4 do
not enter in petitioner land in compliance with
the order dated 01.08.2019 passed by the Civil,
Judge, Senior Division, Roorkee, District
Haridwar.
(ii) Issue a Writ order or direction in the nature of
Mandamus directing the respondent no. 4 not to
restrain the petitioner's from constructing on
their own land.
5. Learned counsel for the petitioner
submits that he may be permitted to
withdraw prayer no. 1, as petitioner has
instructed him not to press the said
prayer.
6. In such view of the matter, the relief,
as claimed in prayer no. 2, alone is
considered.
7. Learned counsel for the petitioner
submits that petitioner is Bhumidhar in
situate in Mauja Chudiyala Mohanpur,
Pargana Bhagwanpur, Tehsil Roorkee,
District Haridwar, however, respondent no.
4 is not permitting him to raise
construction over his land.
2025:UHC:8528
8. Learned counsel for the petitioner
has relied upon a judgment dated
01.08.2019 rendered by learned Additional
Civil Judge (S.D.), Roorkee in Original Suit
No. 222 of 2013.
9. The judgment is enclosed as
annexure no. 1 to the writ petition. Perusal
thereof reveals that petitioner was plaintiff
no. 1 in said suit and Hukum Singh S/o
Krishna was defendant no. 2.
10. Learned counsel for the petitioner
submits that despite judgment rendered
by learned Additional Civil Judge (S.D.),
he is not being permitted to raise
construction.
11. Mr. Anjali Bhargava, learned counsel
for Gram Sabha, however, submits that
the judgment rendered by Additional Civil
Judge has been appealed against, and
appeal is pending before District Judge,
Haridwar.
12. Learned State Counsel submits that
petitioner is now trying to encroach upon
land comprised in Plot No. 426. He has
also drawn attention of this Court to an
order dated 29.08.2025 passed in WPMS
No. 2933 of 2023.
13. Having regard to the facts and
circumstances of the case, the writ petition
is disposed of by permitting petitioner to
make application to the Authority
competent to grant sanction for building
plan. If petitioner makes representation
within two weeks from today, the
Competent Authority shall take decision
thereupon within eight weeks thereafter.
(Manoj Kumar Tiwari, J)
23.09.2025
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f
3, postalCode=263001, st=UTTARAKHAND,
SINGH ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58
531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2025.09.23 05:26:33 -07'00'
2025:UHC:8528
