SANJAY KUMAR vs STATE OF UTTARAKHAND

UKHC010180692026

2026:UHC:9363-DB
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPPIL/141/2026

Sanjay Kumar
--Petitioner

Versus
State of Uttarakhand and others
--Respondents

Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

1. Sri M C Pant, Sri Abhishek Pant and Ms.
Tulika Sharma, learned counsel for petitioner.
2. Sri Amarendra Pratap Singh, learned
Additional Advocate General for the State of
Uttarakhand.
3. Sri B.S. Adhikari, learned counsel for
respondent No. 4.
4. Sri Piyush Tiwari, learned Standing
Counsel for the Union of India.
5. Petitioner is a resident of Ajad Colony
14.10.2
026
Majra, Clement Town, Dehradun. He has raised
the issue of encroachment on the banks of a Nala
(drain), which flows through Khasra No. 245,
Village Bharuwala Grant, District Dehradun.
6. The relief, sought in the writ petition, is as
follows:-

“I. Issue a writ, rule, order or direction in
the nature of Mandamus directing the
Respondents to forthwith conduct a joint
inspection and scientific demarcation of
Khasra No. 245, recorded in the revenue
records as "Nala", measuring 0.4410
hectares, situated at Mauja Bharuwala
Grant, District Dehradun, through a Joint
Committee as this Hon'ble Court may
deem appropriate, and to place the

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inspection report before this Hon'ble Court
within a time-bound period and further
direct the Respondents to identify and
remove all illegal encroachments,
unauthorized constructions, boundary
walls, debris, fillings, illegal plotting and
every other obstruction existing over
Khasra No. 245, strictly in accordance
with law and after following due process
after calling entire record from the
Respondents or to mould the relief
appropriately by safeguarding the interest
of the public at large keeping in view the
facts highlighted in the respective
representations of the petitioner and in the
body of the Petition. ”

7. On the last occasion, learned State Counsel
as well as learned counsel, appearing for
Cantonment Board, were given time to get
instructions in the matter.
8. On instructions, Sri B.S. Adhikari, learned
counsel appearing for Cantonment Board,
Clement Town, concedes that Nala has been
encroached by unscrupulous persons by raising
construction. Similar statement is made by Sri
Amarendra Pratap Singh, learned Additional
Advocate General, appearing for the State, who
submits that Nala is heavily encroached and
construction is raised on both sides of Nala . He
submits that a joint inspection team, consisting of
officials from Revenue Department and Irrigation
Department, shall be constituted and based on the
report of the team, necessary steps shall be taken
as per law.
9. Since Nala flows through a parcel of land,

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which is within the territorial limits of
Cantonment Board, Clement Town, therefore it
would be desirable if a representative of
Cantonment Board, Clement Town, is also
included in the Joint Inspection Team.
10. The writ petition is, accordingly, disposed
of by directing District Magistrate, Dehradun to
examine the representation made by petitioner on
12.08.2026, enclosed as Annexure-1 to the writ
petition and take appropriate decision as per law
within six months.
11. District Magistrate shall provide an
opportunity of hearing to persons likely to be
affected and may also consult other stakeholders,
before passing any order on petitioner’s
representation
12. Pending application, if any, also stands
disposed of.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
14.10.2026 14.10.2026

Rathour

PRAVINDRA
SINGH
RATHOUR
Digitally signed by PRAVINDRA SINGH RATHOUR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3ae
b1097d17dbb53d481cabd25946eed,
postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40CC61
79B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR
Date: 2026.10.16 16:17:47 +05'30'

UKHC010180692026

2026:UHC:9363-DB