Uttarakhand High Court

WPMS/1657/2024 on 2 July, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                      COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 WPMS No. 1657 of 2024
                                 Hon'ble Manoj Kumar Tiwari, J.

(1) Mr. M.S. Tyagi, learned Senior Counsel assisted by Mr. Sunil Chndra, learned counsel for the petitioner. (2) Mr. K.K. Shah, learned Additional C.S.C. with Mr. J.S. Bisht, learned Standing Counsel for the State of Uttarakhand.

(3) Mr. M.K. Ray, learned counsel for respondent nos. 15 & 16.

(4) By means of this writ petition, petitioners have sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned administrative order dated 14.06.2024 passed by Respondent No. 4, SDM, Khatima.

(ii) Issue a writ, order or direction commanding the respondent no. 4 to submit the copy of impugned order dated 14.06.2024 before this Hon'ble Court on the file of present writ petition.

(iii) Issue writ, order or direction commanding the respondents not to interfere with/disturb in the peaceful possession of the petitioners over their land situated in Village Damgara and land situated in Village Baguliya without adopting the due process of law.

(5) Since, State Counsel was not able to give any satisfactory reply to the issues raised by petitioners, despite several opportunities to get instructions in the matter, therefore, this Court vide order dated 01.07.2024 directed Sub-

Divisional Magistrate, Khatima remain present with entire record of the case. (6) Today, Mr. Ravindra Singh, Sub- Divisional Magistrate, Khatima is present in Court. He submits that no order was passed on 14.06.2024. He has produced in Court an order which he passed on 13.06.2024, requesting Senior Superintendent of Police, Udham Singh Nagar to provide police help for resolving land dispute between certain persons, which is taken on record. He further submits that there is allegation that son & daughter of petitioner no. 1 manufactured a Will by forging signature of one Ms. Joginder Kaur and sold the property belonging to Ms. Joginder Kaur to various persons; an FIR has been registered against them, pursuant to direction issued by this Court in a writ petition. He further submits that Ms. Joginder Kaur is still alive and her property was fraudulently sold by son & daughter of petitioner no. 1 on the strength of the fabricated Will. He further submits that proceedings for cancellation of mutation order(s) passed by Tehsildar, based on sale deeds executed on the strength of alleged Will, are on and police force was requisitioned by him to visit the site for inspection and identification of disputed land. (7) Learned Senior Counsel appearing for the petitioners relied upon a judgment rendered by Division Bench of Allahabad High Court in the case of Vijai v. State of U.P. & others reported in (2022) 6 AllLJ 325.

(8) The said judgment is distinguishable on facts, therefore, the legal preposition laid down in the said judgment, do not help the petitioners. Having regard to the statement made by Sub-Divisional Magistrate, Khatima, this Court does not find any reason to interfere in the matter.

(9) Accordingly, the writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 02.07.2024 Aswal