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Judgment
13 paragraphs · 238 wordsRavi Malimath, J
This is a public interest litigation seeking for a writ of mandamus to direct the State Government to remove the encroachment made over the Nazool
land belonging to Nagar Nigam Kotdwar and footpath towards Badrinath National Highway in Kotdwar, District Pauri Garhwal in pursuance to the
enquiry report submitted by the District Magistrate Pauri Garhwal vide his letter dated 22.11.2019 forthwith. The second prayer is for a writ of
mandamus to direct the State Government to take action against the respondents by invoking powers as provided under Section 16 (xiv) of the U.P.
Municipal Corporation Act, 1959 as amended by the State of Uttarakhand.
It is submitted that the second prayer has already been given effect to and hence, the same does not survive for consideration. Hence, the petition is
dismissed so far as the second prayer is concerned. So far as the remaining prayers are concerned, Shri Pradeep Joshi, learned additional chief
standing counsel for the State Government, undertakes that the illegal encroachments made over the Nazool lands belonging to Nagar Nigam Kotdwar
and footpath towards Badrinath National Highway in Kotdwar, District Pauri Garhwal will be removed within a period of eight weeks from today.
In view of the undertaking given by the State, the petitioner does not intend to press this matter further.
The undertaking of the State Government is placed on record.
The petition is, accordingly, disposed-off.