Uttarakhand High Court

WPPIL/165/2022 of MANJU Vs STATE OF UTTARAKHAND on 5 August 2026

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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 August 05, 2026 Writ Petition (PIL) No.165 of 2022 Manju ----Petitioner Versus State of Uttarakhand & Others ----Respondents

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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

August 05, 2026

Writ Petition (PIL) No.165 of 2022

Manju

----Petitioner

Versus

State of Uttarakhand & Others

----Respondents

-------------------------------------------------------------------- Presence:- Mr. Avidit Noliyal, learned counsel for the petitioner Mr. J.C. Pandey, learned Standing Counsel for the State Ms. Anjali Bhargava, learned counsel for Gram Sabha-respondent no.5

JUDGMENT : (per Mr. Manoj Kumar Gupta, C. J.)

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1. In the present PIL, the petitioner has prayed for issuance of a writ of mandamus directing the respondent no.5 to take immediate action for removing the encroachments done by private respondents over Gram Sabha land in Village Gangadaspur and other adjacent Gram Sabhas.

2. By order dated 07.11.2025, this Court directed the State Counsel to file current status report regarding encroachments made by the private respondents.

3. In compliance of the said order, a status report in shape of a compliance affidavit has been filed by the Tehsildar, Tehsil Laksar, Haridwar and wherein it is stated that a joint inspection team carried out inspection and identified the illegal encroachments in its report dated 21.12.2022. It is further stated

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that based on the said report, proceedings u/s 122B of U.P.Z.A. & L.R. Act was initiated against 156 illegal occupants. 71 cases out of 156 cases had been decided vide different orders and in respect of other cases it is stated that proceedings are in progress. It is further stated that the petitioner herself had made encroachment over 1.360 hectare land of Gram Sabha over Khasra No.172 and Eviction Case No.5/2022-23 was registered against her.

4. The petitioner is now stated to be dead. On the previous date, we granted time to learned counsel for the petitioner to file substitution application but it has not been filed. Learned counsel for the petitioner states that he has informed the heirs of the petitioner but they are not turning up.

5. In such view of the matter, we are not inclined to proceed further in the instant matter, particularly in view of the fact that the respondents have already identified the illegal structures and have initiated proceedings for eviction of illegal occupants.

6. Accordingly, the proceedings of the present PIL are closed.

(MANOJ KUMAR GUPTA, C. J.)

(SUBHASH UPADHYAY, J.) Dated: 05.08.2026 Rajni

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