Office Notes,

reports, orders or proceedings

S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS

and Registrar’s

order with Signatures

WPMS 3071/ 2025

Hon’ble Manoj Kumar Tiwari, J.

Mr. Pankaj Singh Chauhan,

Advocate, for the petitioner.

Mr. Suyash Pant, Standing

Counsel, for the State.

(2) Assistant Engineer (First), Construction Division, PWD, Haldwani has issued a notice to petitioner on 9.10.2025, whereby petitioner has been asked to remove his encroachment over roadside land within seven days. Petitioner contends that he had submitted reply to the earlier notice dated 16.6.2025, but the same was not considered and petitioner has been simply asked to remove encroachment, while petitioner has not made any

encroachment over public land.

(3) Learned Counsel for the petitioner submits that copy of old and new khatauni was also enclosed with petitioner’s representation, therefore it was incumbent upon the concerned authority of Public Works Department to consider all relevant

aspects.

(4) Learned State Counsel submits that the writ petition can be disposed of with a direction to the competent authority in Public Works Department to pass order afresh after considering the reply submitted (5) Perusal of the impugned notice dated 9.10.2025 does not reflect consideration of petitioner’s reply by the competent authority. Since valuable property right of the petitioner is involved,

therefore, direction to remove encroachment can be issued only after arriving at the satisfaction that petitioner has encroached upon public land.

(6) Writ petition is, accordingly, disposed of with a direction to Assistant Engineer (First), Construction Division, PWD, Haldwani to take decision in the matter afresh, after considering petitioner’s reply dated 3.7.2025, Annexure-3 to the writ petition. This Court hopes and expects that Assistant Engineer concerned shall take decision in the matter as early as possible but not later than six weeks from the date of presentation of certified copy of this order. For a period of six weeks or till decision is taken in the matter, whichever is earlier, no coercive action shall be taken (Manoj Kumar Tiwari, J.)

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