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Judgment
11 paragraphs · 379 wordsManoj Kumar Gupta CJ
Heard learned counsel for the parties.
The present public interest litigation has been filed seeking a writ of mandamus commanding the respondents not to stop the public road/ pathway over Khata-Khatauni No.00165 and Khasra No.11/1 of Block- Khatima, District Udham Singh Nagar.
The case of the petitioner is that the aforesaid land is recorded as Rasta in the revenue records and a public Rasta was in existence which is now being obstructed by the Forest Department.
The Divisional Forest Officer, Tarai East Forest Divison, Haldwani has provided written instructions dated 11.05.2026 to the State Counsel wherein without specifying the plot number, it has been stated that the encroachments are being removed in pursuance to the general directions issued in PIL No.22 of 2022. It is also stated that fencing work has been undertaken by the Forest Department in order to secure and protect the Government land from further encroachment and unauthorized use.
It is further stated that an alternative motorable road already exists connecting the habitation area with the Pilibhit Highway. Therefore, public connectivity to the area has not been completely obstructed as alleged in the writ petition.
As the instructions were not clear and no plot number was mentioned from which the encroachments were allegedly removed, therefore, we required, by our order dated 12.05.2026, the Standing Counsel to obtain instructions.
In compliance of the said order, learned State Counsel has placed on record the instructions received from the Revenue Officers wherein it is admitted that Khasra No.11/1 is recorded as Rasta in the revenue records and it is being used as public Rasta.
It is admitted that the said plot does not belong to Forest Department. It is stated that the Khasra No.11/2 area 0.095 hectare is recorded as Forest Reserve land in the revenue records and the Forest Department has carried out fencing over its own land leaving aside the public Rasta.
As there is clear admission that Khasra No.11/1 is a public Rasta, therefore, we dispose of the writ petition by providing that the public Rasta over Khasra No.11/1 shall not be obstructed in the garb of carrying out fencing of the forest land.
Pending application, if any, also stands disposed of.