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 respect of land comprised in Plot No. 427 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.

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)

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