Uttarakhand High Court
WPMS/1112/2021 on 16 June, 2021
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
16.06.2021
WPMS No. 1112 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. M.K. Goyal, Advocate, for the
petitioner.
Mr. N.S. Pundir, Deputy Advocate
General, for the State.
The petitioner, in the present writ petition
has prayed for the following reliefs:
"i. To issue a writ, order or direction in the nature
of mandamus directing respondent no. 3 Tehsildar, Tehsil
Vikas Nagar, District-Dehradun and respondent no. 4
Kanoongo/Revenue Inspector, Tehsil Vikas Nagar, District-
Dehradun to complete the execution proceedings as per the
orders passed by executing court of Assistant/Collector 1st
class Mussoorie, District Dehradun, for handing over of
possession of the land, according to the Naksha Kurra
prepared in Case No. 05 of 2004-2005 Sau Singh Vs.
Khusiram and others, within a period of one week, with the
assistance of police.
ii. To issue any other writ, order or direction,
which this Hon'ble Court, deems fit and proper in the
circumstances of the present case."
Rather, in fact, what he wants to press in
the present writ petition is that the principal
proceedings, which were held and concluded were
under Section 176 of the U.P.Z.A. & L.R. Act,
which was instituted by the petitioner as being one
of the plaintiffs to the partition suit, against the
defendant(s). The Suit for partition before the Court
of Assistant Collector, 1st Class, which was initially
numbered as Case No. 18 of 1999-2000, Sau Singh
and others Vs. Khushiram, which was later on
renumbered as Case No. 05 of 2004-2005, Sau
Singh and others Vs. Khushiram, was ultimately
decided by the Court of Assistant Collector, 1st
Class, on the basis of a settlement, which was
arrived at between the parties by the judgment
dated 24.07.2006.
The contention of the petitioner's counsel
is that seeking its enforcement of the decree, the
petitioner has filed an execution application before
the Court of learned trial Court and the said
Execution Case, is still pending consideration for a
considerable long time, and hence he seeks an
appropriate direction for the Executing Court to
execute the partition decree, which has been
rendered by the Court of Assistant Collector in
Case No. 05 of 2004-2005, Sau Singh and others
Vs. Khushiram.
Without expressing any opinion on the
merits of the matter, since the interse right of
partition between the parties have already been
adjudicated and crystallised, hence a request is
made to the Court of respondent/Assistant
Collector, 1st Class to ensure that the execution
which is emanating from the said decree dated
24.07.2006, is decided within a reasonable period,
but not later than four months from the date of
production of the certified copy of this judgment.
Subject to above observation, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
16.06.2021
Mahinder/
