Unknown vs State Of Uttarakhand And Others
2025 Latest Caselaw 1818 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 7 August, 2025

                                                     2025:UHC:6940-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
 THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
                               AND
      THE HON'BLE JUSTICE MR. ALOK MAHRA
          Writ Petition (Criminal) No. 853 of 2025
                         07th August, 2025

 Charanjeet Singh and Others                      ...........Petitioner
                        Versus

 State of Uttarakhand and Others
                                                 ..........Respondent
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 Presence:-
 Ms. Medha Pande, learned counsel for the petitioners.
 Mr. J.S. Virk, learned Deputy A.G. along with Mr. Rakesh Joshi,
 learned Brief Holder for the State.
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 JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioners

and learned State counsel.

2. Learned counsel for the petitioners

submits that the 4th respondent and the

petitioners are having a dispute with regard to a

particular piece of land and the 4th respondent,

using his official position, is not permitting the

petitioners to carry out their agriculture activities

over the land.

3. Learned counsel would submit that the

dispute is a personal dispute between the

2025:UHC:6940-DB th petitioners and the 4 respondent, but he is taking

advantage of his official position as an S.H.O. and

is preventing the petitioners from carrying out the

agriculture activities over the land.

4. The nature of allegations would clearly

demonstrate that the relief sought for being in a

nature of injunction and that too, arising out of a

personal dispute, the forum would be the Civil

Court and we are of the considered opinion that

the invocation of provisions of Article 226, is

unsustainable.

5. Accordingly, the writ petition is disposed

of by reserving liberty to the petitioners to

approach the competent Civil Court.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 07.08.2025 Mamta