WPMB/401/2025 of ALI JAN Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2025-09-25
Case number: 401 of 2025

Parties

stJULY, 2025 (PETITIONER)
State of Uttarakhand and Others …… (RESPONDENT)

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND

HON’BLE SRI JUSTICE ALOK MAHRA

WRIT PETITION (M/B) NO. 401 OF 2025

Ali Jan

01stJULY, 2025

…… Petitioner

Versus

State of Uttarakhand and Others …… Respondents

WITH

WRIT PETITION (M/S) NO. 2221 OF 2023WRIT PETITION (M/S) NO. 3467 OF 2023WRIT PETITION (M/B) NO. 422 OF 2025

Presence:-

Mr. Arjun Kasana and Mr. Sachin Veer Singh, learned counsel for the petitioners.

Mr. C.S. Rawat, learned Chief Standing Counsel alongwith Mr. Yogesh Tiwari, learned Additional Chief Standing Counsel for the State of Uttarakhand.

Mr. B.D. Pande, learned counsel for the respondents in WPMS No. 2703 of 2023.

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JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar)

Heard learned counsel for the petitioners and learned

Chief Standing Counsel for the State.

2. Learned Chief Standing Counsel submits, that in view of the absence of the Gram Pradhan, etc., the applications

are pending consideration and that no efforts have been made by the respondents to evict them.

3. The submission is placed on record.

4. In view of the acknowledgement of the pendency of the applications, we are of the view that the instant writ petitions can be disposed of by directing the respondents to consider and dispose of the applications under the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006, as expeditiously as possible.

5. In the meanwhile, the respondents shall refrain from initiating any steps to evict them or prevent them from utilizing the lands in their possession.

6. It is made clear that the lands in the possession of the petitioner shall be utilized only for agricultural purposes and shall not be put to any commercial use.

It is made clear that the lands in the possession of

7. The writ petitions stand disposed of in above terms.

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G. NARENDAR, C.J.

Dt: 1[st] July, 2025 Ujjwal

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ALOK MAHRA, J.