WPPIL/167/2025 of MURAD ALI Vs STATE OF UTTARAKHAND on 26 September 2025

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition (PIL) No.167 of 2025

Murad Ali

…… Appellant

Vs.

State of Uttarakhand and others

……Respondents

Presence:

None is present for the petitioner. Mr. A.P. Singh, learned Addl. Advocate General for the State.

Coram: Hon’ble Ravindra Maithani, J.Hon’ble Alok Mahra, J.

Hon’ble Ravindra Maithani, J. (Oral)

Present writ petition, in the nature of public interest litigation, has been filed for removing encroachers from the public utility land in Khata No.585, Khasra No.230 (M) & Khasra No.243, Pargana Gordhanpur, Block Khanpur, Tehsil Laksar, District Haridwar.

2. When the matter is taken up, none appears for the petitioner.

3. Learned State Counsel would submit that earlier with regard to the Khata No.585, Khasra No.230 (M), Writ Petition (PIL) No.205 of 2023 (“the first PIL”) was filed, in which a statement was given by learned State Counsel that, with regard to encroachment over Khasra No.243, the proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 are pending for removing the illegal encroachment. He submits that those eviction proceedings are at the stage of recording evidence.

4 The order dated 24.11.2023 passed in the first PIL is annexure No.2 to the writ petition. In fact, the first PIL relates to 2025:UHC:8713-DB

Khata No.585, Khasra No.230 (M). In paragraph nos. 3 and 4 of its order dated 24.11.2023, the Court in the first PIL observed as follows:- “3. Petitioner has raised the issue of encroachment over public utility land, which is recorded as Khaliyan in the revenue records in Khata No. 585, Khasra No. 230(Ma), Village Lalchandwala, Pargana Gordhanpur, Tehsil Laksar, District Haridwar. Petitioner contended that an overhead tank is being constructed over Khaliyan land under Jal Jeevan Mission, which is not permissible.

4. Instructions were called from the authorities. Today, learned State Counsel, on instructions, submits that a water tank has been constructed over a portion of Khasra No. 230(Ma). He further submits that encroachment of certain individuals was found over Khasra No. 243 and proceedings under Section 122B of UPZA & LR Act are pending, for removing the illegal encroachment.”

5 Finally, in paragraph no.6, the Court observed that, without verifying the facts, the first PIL was filed. The observations of the Court are as follows:- “6. We are not happy with the manner in which the PIL was filed by petitioner, without verifying the facts. However, in the peculiar facts and circumstances of the case, we allow the withdrawal application (IA No. 1 of 2023) and permit petitioner to withdraw the writ petition, subject to payment of cost of Rs. 10,000/-, to be deposited with Uttarakhand High Court Bar Association Advocate Welfare Fund, within one week from today.”

6 The first PIL was dismissed subject to cost. Again the instant PIL has been filed for the same cause of action, it cannot be entertained. As stated, none is present for the petitioner. The Writ Petition (PIL) is dismissed accordingly.

(Alok Mahra, J.) 26.09.2025

BSBALWANT SINGHDigitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.09.26 17:48:36 +05'30'

(Ravindra Maithani, J.)

26.09.2025