Unknown vs State Of Uttarakhand And Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 20 March, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2026:UHC:2006
HIGH COURT OF UTTARAKHAND AT NAINITAL
        Writ Petition Misc. Single No.669 of 2026
                        20th March, 2026
Nazim                                            ...........Petitioner

                               Versus

State of Uttarakhand and others                .........Respondents
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Presence:-
Mr. Vikas Anand, learned counsel for the petitioner.
Mr. Suyash Pant, learned Standing Counsel for the
State/respondent nos.1, 2, 5 and 6.
Mr. Vipul Sharma, learned counsel for the respondent nos.3 and 4.
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Hon'ble Pankaj Purohit, J.

This writ petition has been filed under Article 226 of the Constitution of India through petitioner's Power of Attorney Holder-Iliyas Ali son of Kallu, who is the real brother of the petitioner-Nazim son of Kallu.

2. By means of this writ petition, the petitioner has challenged the Show Cause Notice dated 06.03.2026, annexed as Annexure No. 1 to the writ petition, whereby the petitioner, Nazim, was called upon to show cause and to produce documents of ownership as to why the alleged illegal encroachment (pakka house) over State land should not be removed.

3. The petitioner instead of replying to the said Show Cause Notice approached this Court by filing the present writ petition for quashing of the said notice.

4. The main submission of the learned counsel for the petitioner is that the petitioner and half of his family members are behind the bars, therefore, he is not in a position to reply to the said notice or to show cause as required by respondent no.4.

2026:UHC:2006

5. From perusal of the said notice it transpires that the petitioner was called upon to reply the same within 15 days from the date of receipt of notice and petitioner received the said notice, as affixed on his house, by the respondent-Nagar Nigam on 08.03.2026.

6. 15 days' time expires on 23.03.2026 if taken from the date of affixing of the said notice on the house of the petitioner.

7. Since this writ petition has been filed against the show cause notice only, this Court is not inclined to interfere in the matter. However the petitioner may show cause to the respondent-Nagar Nigam within the time prescribed or through his Power of Attorney Holder before 23.03.2026. Till then the disputed property shall not be demolished.

9. After considering the cause shown by the petitioner and the document of ownership, if any, by the petitioner the notice shall be accordingly decided in accordance with law by a speaking order by the respondent-Nagar Nigam.

10. Accordingly writ petition stands disposed of.

(Pankaj Purohit, J.) 20.03.2026 SK