WPMS/1523/2023
2023 Latest Caselaw 1701 UK

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                                COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          WPMS No. 1523 of 2023
                                          Hon'ble Rakesh Thapliyal, J.

Mr. Siddhartha Singh, learned counsel for the petitioners.

Mr. Piyush Garg, learned counsel for the contesting respondent no. 1.

Mr. N.S. Pundir, learned Deputy Advocate General and Mr. M.S. Bisht, Brief Holder for the State/respondent no. 2 to 4.

Respondent nos. 5 to 8 are the plaintiffs/proforma respondents.

By the present writ petition, the petitioners are praying for the following reliefs:-

"(i) Issue a writ, order or direction, in the nature of certiorari calling for the record of the case and quash the impugned judgment dated 08.05.2023 (Annexure No. 2) passed by Learned Board of Revenue Uttarakhand, Dehradun in Revision No. 136 of 2014

- 15 Ramesh Chand Vs. Jodha Ram and Others."

Mr. Piyush Garg, learned counsel for the respondent no. 1 submits that the defendant no. 1 has already filed the written statement in compliance to the order passed by the Board of Revenue dated 08.05.2023, which has been taken on record by order dated 15.06.2023 and in reference to this, he placed before this Court the certified copy of the order dated 15.06.2023 passed by the Assistant Collector, 1st Class, Kaladhungi, District Nainital in Revenue Case No. 22/107 of 1985-1986.

Mr. Siddhartha Singh, learned counsel for the petitioners submits that let the suit be proceeded on the basis of the written statement filed by the defendant no. 1. However, the respondents should pay a cost for this and the suit be expedited on day to day hearing basis.

In view of such submissions, as advanced by learned counsel for the petitioners, which has not been opposed by the learned counsel for the respondents, let the Assistant Collector, 1st Class, Kaladhungi, District Nainital may proceed to expedite the Revenue Case No. 22/107 of 1985- 1986 by day to day hearing basis, within a period of two months from the date of production of certified copy of this order.

The respondents shall also pay a cost of Rs. 10,000/- to the petitioners, within a period of one week from today.

It is made clear that the Assistant Collector, 1st Class, Kaladhungi, District Nainital will not give adjournment to either of the parties to the suit in question.

The present writ petition is being kept pending and the Assistant Collector, 1st Class, Kaladhungi, District Nainital is requested to place before this Court the status of the case on the date fixed.

List this matter on 25.08.2023.

Let a certified copy of this order be supplied to learned counsels for the parties, within 24 hours, on payment of usual charges.

(Rakesh Thapliyal, J.)

21.06.2023 Ujjwal