Uttarakhand High Court
WPMB/684/2026 of RAJ KUMAR AND OTHERS Vs STATE OF UTTARAKHAND on 20 August 2026
2026:UHC:7521
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (M/B) No.684 of 2026 Raj Kumar & Others ----Petitioners Versus State of Uttarakhand & Others ----Respondents August
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2026:UHC:7521-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (M/B) No.684 of 2026
Raj Kumar & Others
----Petitioners
Versus
State of Uttarakhand & Others
----Respondents
August 20, 2026
----------------------------------------------------------------- Presence:- Mr. Dharmendra Barthwal, learned counsel for the petitioners Mr. B.S. Parihar, learned Additional C.S.C. with Ms. Puja Banga, learned Standing Counsel for the State Ms. Maneesh Bisht, Advocate holding brief of Mr. Vipul Sharma, learned counsel for respondent no.4
JUDGMENT : (per Mr. Manoj Kumar Gupta, C. J.)
1. Heard learned counsel for the parties.
2. The petitioners have assailed a notice dated 02.07.2026, issued by Assistant Engineer, Provincial Division, PWD, Rudrapur, Udham Singh Nagar, wherein it is stated that the petitioners have encroached over government land and, consequently, they were required to submit their explanation within 15 days, failing which final decision would be taken by the authorities in the matter.
3. The case of the petitioners is that they are occupying different shops which were built by erstwhile Nagar Palika Parishad, Rudrapur, now Nagar Nigam, Rudrapur, on basis of
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allotment in their favor through a public auction. The further case of the petitioners is that they are regularly paying rent to Nagar Nigam, Rudrapur, and the demolition notice issued by PWD is wholly without jurisdiction.
4. Learned State Counsel submits that the impugned notice is merely a show cause notice and final decision is yet to be taken.
5. Mr. Dharmendra Barathwal, learned counsel appearing on behalf of the petitioners states that the petitioners would file their reply to the impugned show cause notice within one week.
6. Accordingly, the petitioners are granted a week's time to file reply to the show cause notice. Thereafter, the Competent Authority shall take decision in the matter within next two weeks. It is further provided that until final decision is taken in the matter, the petitioners shall not be dispossessed in pursuance of the impugned notice.
7. The writ petition stands disposed of.
8. Pending application(s), if any, stand disposed of accordingly.
(MANOJ KUMAR GUPTA, C. J.)
(SUBHASH UPADHYAY, J.) Dated: 20.08.2026 Rajni
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