Ankul Nagar alias Ankul v. State of Uttarakhand & Ors.

State of Uttarakhand and others ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Bilal Ahmed, learned counsel for the petitioner. Mr. Anil K. Dabral, learned Addl. C.S.C. with Mr. Suyash Pant, learned counsel for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner seeking the following reliefs:- a) Issue a writ, order or direction in the nature of certiorari quashing impugned order dated 04.11.2025 (Annexure no.4) passed by Sub Divisional Magistrate, Laksar, District-Haridwar. b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to remove the encroachment from land depicted as Khata No.723, Khasra No.982, Measuring 0.0050 Hectare, Khata No.729 Khasra No.980, Measure 0.1020 hectare, Khata No.717, Khasra No.979, Measuring 0.0510 hectare and 981 measuring 0.1380 hectare total measuring 0.296 hectare situated at Village- Raisi, Jwalapur, Tehsil-Laksar, District-Haridwar forthwith in pursuance of spot inspection report. c) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take appropriate disciplinary and legal action against person responsible for illegal encroachment and against officers who failed to comply with the lawful direction of this Hon’ble Court. d) Issue a writ, order or direction in the nature of mandamus commanding the respondents to file status report before this Hon’ble Court regarding steps taken for removal of encroachment within a time bound schedule.

Learned counsel for the petitioner has alleged that the private respondents have encroached upon the land 1 belonging to the Gram Sabha, Village-Raisi, Pargana- Jawalpur, Tehsil-Laksar, District-Haridwar.

It is informed by learned counsel for the State that on similar set of facts a Writ Petition (PIL) No.149 of 2025, Ankul Nagar alias Ankul Vs. State of Uttarakhand, was filed by the same petitioner in which a direction was given that representation of the petitioner shall be considered by the respondent-Authorities, in accordance with law, vide judgment and order dated 18.08.2025.

This writ petition has been filed by the petitioner with the averment that the respondents has decided the representation correctly.

Learned counsel for the State submits that the representation of the petitioner has been decided and thereafter the proceedings under Section 9B(3) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “Act of 1953”), is pending before the Consolidation Officer against the persons who were found in illegal possession over the land of Gram Sabha.

Since all the private respondents are facing the proceedings which are pending before the Consolidation Officer, Roorkee, there is no use of entertaining the present writ petition.

In such view of the matter, the writ petition stands dismissed in limine. SK (Pankaj Purohit, J.)

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