AI Structured Summary
Not yet generated for this judgment
Judgment
Manoj Kumar Tiwari, J
Petitioners have challenged separate notices issued to them by the Assistant Engineer, Irrigation Division, Rudrapur, District Udham Singh Nagar on 08.12.2025. In the said notices, it is alleged that petitioners are unauthorisedly occupying Government land and they were asked to show-cause as to why necessary orders for removing their encroachment may be not passed within 15 days.
Learned counsel for the petitioners contends that forefathers of the petitioners migrated from other parts of State of U.P. for serving as labourer in construction of Haripura Dam and their families /forefathers have been residing over the land in question since 1970 and petitioners have also raised construction over the land in question.
Since only notices were issued to the petitioners and they have the opportunity to give reply to the notices, therefore, learned counsel for the State is right in submitting that the writ petition is premature. The writ petition, is, accordingly, disposed of with liberty to the petitioners to give reply to the notices within 10 days from today. It shall be open to the petitioners to enclose all documents which support their claim for right, title or interest over the land in question.
The competent authority is directed to consider the reply submitted by the petitioners along with the supporting documents, while taking any decision in the matter.
For a period of one month or till decision is taken on the reply submitted by the petitioners whichever is earlier, status quo, as regards the structures raised by the petitioners, shall be maintained.