Uttarakhand High Court
WPMS/2615/2026 of AKASH KUMAR Vs STATE OF UTTARAKHAND on 25 August 2026
2026:UHC:7729
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2615/2026 Akash Kumar --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Navnish Negi,
UKHC010151862026
2026:UHC:7729
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPMS/2615/2026
Akash Kumar
--Petitioner
Versus
State Of Uttarakhand
--Respondent
Hon’ble Manoj Kumar Tiwari, J
1. Mr. Navnish Negi, learned counsel for the petitioners.
2. Mr. S.K. Nailwal, learned Standing Counsel for the State of Uttarakhand.
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3. Petitioners have challenged notice dated 12.08.2026 issued to them under Section 4(1)(a) of Uttarakhand Road Infrastructure Protection Rules, 2023, whereby they have been asked to remove their encroachment from public road within three days, failing which the encroachment shall be removed at the costs and expenses of the petitioner.
4. Learned State Counsel submits that no demolition order has been passed against the petitioners as yet, hence, the writ petition is premature as petitioners have challenged the show cause notice. He submits that if petitioners have anything to say against the notice, it is open to them to submit reply before the Competent Authority.
5. This Court finds substance in the said submission. Since petitioners have challenged a show cause notice while
UKHC010151862026
2026:UHC:7729 they have opportunity to have their say before the Authority issuing such notice, therefore, the writ petition is disposed of with liberty to petitioners to give reply to the notice. If petitioners submit reply within a week, decision thereupon shall be taken, as per law, within three weeks thereafter. Petitioners shall enclose all documents, which support their claim regarding right, title or interest, if any, over the land in question. It shall also be open to the petitioners to raise all contention in their reply. For a period of four weeks or till decision is taken in the matter by the Competent Authority, whichever is earlier, status quo as on today shall be maintained.
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(Manoj Kumar Tiwari, J)
25.08.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.25 06:03:23 -07'00'
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