Danish vs State Of Uttarakhand & Others

Pankaj Purohit, J

This writ petition has been filed by the petitioner alleging that all public utility land of Village Sarkadi Taharpur, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar, is under encroachment by certain persons, though they have not been named in the writ petition. Petitioner has disclosed the relevant numbers in the prayer clause, wherein it is alleged that there is encroachment by some persons.

This Court, being of the view that the public utility land of the Gram Sabha of Village Sarkadi Taharpur should not be encroached upon, vide order dated 29.05.2026 directed the learned State Counsel to obtain instructions in the matter.

Today, learned Deputy Advocate General has produced the instructions dated 29.05.2026 before this Court, the same are taken on record. On instructions, he submits that, so far as Khata No. 0217, Khasra No. 305, admeasuring 0.0200 hectare of Gram Samaj land is concerned, encroachment was found over a portion of the said land, and with regard to such encroachment, proceedings under Section 120-B of the U.P. Z.A. and L.R. Act are pending before the Court of the Tehsildar, Roorkee. As regards Khata No. 0215, Khasra No. 140, admeasuring 0.0240 hectare, Khasra No. 348, admeasuring 0.0520 hectare, and Khasra No. 385, admeasuring 0.0200 hectare, totaling 0.0960 hectare of Gram Samaj land recorded as a manure pit, the same was found free from any kind of encroachment. Likewise, land comprised in Khata No. 0214, Khasra No. 315, admeasuring 0.0100 hectare, was also found free from any encroachment.

In such view of the matter, nothing survives for consideration in the present writ petition. Accordingly, the writ petition is disposed of in terms of the instructions submitted by the learned State Counsel.

Pending application, if any, stands disposed of accordingly.