Uttarakhand High Court
WPMS/2066/2012 on 9 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 9TH DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2066 of 2012
BETWEEN:
In the matter of Rita Suri & another ...Petitioners
(By Ms. Rita Suir, Petitioner-in-person)
AND:
State of Uttarakhand & others. ....Respondents
(By Mr. Vinod Nautiyal, Deputy Advocate General with Mr. N.S.
Kanyal, Brief Holder for the State of Uttarakhand and Mr. Vikas
Bahuguna, Advocate for respondent no. 3)
JUDGMENT
Heard learned counsel for the parties.
2. This writ petition was filed in the year
2012 by one Mr. Rajesh Kumar Suri, who claimed to
be a whistle-blower. After filing of the writ petition,
Rajesh Kumar Suri passed away and his sister and
brother were substituted in his place on their
Substitution Application (CLMA No. 13002 of 2016)
vide order dated 19.12.2016.
3. According to the petitioner, based on
forged documents, Government land situate at 48-
Balbir Road, Dehradun was sold to Mussoorie-
Dehradun Development Authority for constructing
residential houses for judicial officers. It is further
his case that on his writ petition [Writ Petition (M/B)
No. 679 of 2003], a Division Bench of this Court vide
order dated 22.02.2006 had directed for C.B.I.
inquiry into the aforesaid land scam.
4. It is further the case of the petitioner that
upon investigation, C.B.I. filed charge-sheet and
learned Special Judicial Magistrate, C.B.I., Dehradun
vide judgment dated 15.12.2010 rendered in Criminal
Case No. 10 of 2009, convicted two persons, namely,
(i) Ravikant Kariyana; and (ii) Anand Prakash Jain for
offences punishable under Sections 120-B, 420, 467,
468, 471 I.P.C.
5. Annexure No. 1 to the writ petition is an
order dated 04.09.2003 passed by District
Magistrate, Dehradun in Case No. 01/2003. Said
order was passed under Section 14(1) of the
Gangsters and Anti-Social Activities (Prevention) Act,
1986, whereby he directed for attachment of the
property comprised in Khasra No. 385 admeasuring
2.75 acres in Village Dharampur/Central Doon, Balbir
Road, Dehradun. According to the petitioner, the said
order has not been executed till date.
6. Mr. Vinod Nauityal, Learned Deputy
Advocate General appearing for the State points out
that on 16.12.2006, District Magistrate, Dehradun
referred the matter to Special Judge, Gangsters Act
under Section 16(1) of the aforesaid Act. According
to him, now, matter is pending before Special Judge,
Gangsters Act, which is numbered as Criminal Misc.
Case No. 01 of 2007. He further points out that the
said case was dismissed due to non-appearance of
State counsel on 07.01.2019, however, on an
application filed by the State, the case has been
restored in the month of July, 2021.
7. Having regard to the fact that the matter
is still pending before learned Special Judge,
Gangsters Act, the writ petition is disposed of with a
request to the Court concerned to decide the
aforesaid case as early as possible, but, not later than
six months from the date of production of certified
copy of this order, without being influenced by
observations, if any, made in this order. The
petitioners as well as respondent no. 3 in this writ
petition shall also be heard by the Court concerned
before passing any final order.
8. Registry is directed to communicate this
order to Special Judge, Gangsters Act, Dehradun,
within 48 hours.
(MANOJ KUMAR TIWARI, J.)
Navin
