WPCRL/2281/2021
2022 Latest Caselaw 1472 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                      SRI JUSTICE S.K. MISHRA, A.C.J.
                                  AND
                       SRI JUSTICE R.C. KHULBE, J.

12TH MAY, 2022

WRIT PETITION (CRIMINAL) NO. 2281 OF 2021

Between:

Umesh Kumar ....Petitioner. and

State of Uttarakhand and others. ...Respondents

Counsel for the petitioner. : None.

Counsel for the respondents : Mr. J.S. Virk, the learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

Mr. Aditya Singh, learned counsel for respondent No. 5.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

An interim order was passed by a Coordinate

Bench of this Court on 20.12.2021, which also included

protection of the property. It is brought to our notice by

Mr. Aditya Singh, the learned counsel appearing for the

private respondent (i.e. respondent No. 5), that a civil

suit is pending between the parties as regards the same

property, and the application, filed for a temporary

injunction, has already been rejected.

2. Mr. J.S. Virk, the learned Deputy Advocate

General for the State of Uttarakhand, submits, with

reference to a General Diary Entry dated 15th June, 2022

and on instructions, that the petitioners does not require

protection for his life, but asks for police protection

whenever he enters the disputed property.

3. In that view of the matter, we are of the

opinion that the present writ petition is not maintainable

as the dispute is civil in nature.

4. Hence, the writ petition is dismissed being

devoid of any merit.

5. In sequel thereto, pending application, if any,

also stands disposed of.

6. Urgent certified copy of this order be issued to

the parties, as per Rules.

________________ S.K. MISHRA, A.C.J.

____________ R.C. KHULBE, J.

Dt: 12th May, 2022 Rathour