Sanjay Kumar vs State Of Uttarakhand And Others
2022 Latest Caselaw 1990 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL


            THE CHIEF JUSTICE SHRI VIPIN SANGHI

                                    AND

           JUSTICE SHRI RAMESH CHANDRA KHULBE


                 SPECIAL APPEAL NO.209 OF 2022


                            05TH JULY, 2022


Sanjay Kumar                                                 ......Appellant

                                    Vs.

State of Uttarakhand and others                           ......Respondents



Counsel for the appellant                 : Shri Ramji Shrivastava, learned
                                            counsel.

Counsel for the State                     : Shri S.S. Chauhan, learned DAG
                                            for the State.


JUDGMENT:        (Per Shri Vipin Sanghi, Chief Justice)



             The present special appeal is directed against
the order dated 21.06.2022, passed by the learned Single
Judge. The learned Single Judge has dismissed the writ
petition preferred by the appellant as premature, while
reserving the liberty to the petitioner to raise all his
contentions before the Additional District Magistrate,
Dehradun,       including     the    issue     of   maintainability       of
proceedings.

2.           The submission of the learned counsel for the
appellant is that there is already a suit pending before the
competent Court between the parties, in respect of the
land in question. He further submits that on the basis of a
 complaint/representation            made        by     Sudheer     Kumar
Windlass-respondent no.5, the Chairman of the Board of
Revenue-respondent no.2 directed examination of his
complaint and on the basis of the said noting, the notice
dated 17.05.2022 has been issued by Additional District
Magistrate. He further submits that this notice is without
any jurisdiction.

3.          As observed by the learned Single Judge, as on
date, there is no order passed against the appellant and
therefore, in our view, no prejudice has been caused to
the appellant. It is open to the appellant to raise all its
pleas as taken note of hereinabove and other pleas that
the appellant may have raised before the Additional
District Magistrate and we have no doubt that the
Additional District Magistrate shall deal with all such pleas
including   the     plea     of    lack    of    jurisdiction,     and   of
maintainability of the proceedings before him and shall
pass a reasoned order thereon.

4.          With the aforesaid observations, the appeal
stands disposed of accordingly.

5.          Pending        application,     if       any,   also   stands
disposed of accordingly.




                                  ___________________
                                         VIPIN SANGHI, C.J.



                                                ______________
                                  RAMESH CHANDRA KHULBE, J.

Dated: 05th July, 2022 SK/RB