Uttarakhand High Court
21 August vs State Of Uttarakhand And Ors on 21 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:7381
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2369 of 2025
21 August, 2025
Jeet Singh and Another --Petitioners
Versus
State Of Uttarakhand and Ors. --Respondents
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Presence:-
Mr. I.D. Paliwal, learned counsel for the petitioners.
Mr. Anil Dabral, learned Additional C.S.C. with Mr.
Sudhir Nailwal, learned Standing Counsel and Mr. R.C.
Joshi, learned Brief Holder for the State of Uttarakhand/
respondent Nos.1 to 5.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of the present writ petition,
petitioners have sought the following reliefs:
(i). issue a writ order or direction in the nature of
mandamus commanding and directing the respondent
nos.3 and 4 to demarcate the land of the petitioners
which is situated at Village Dhimarkheda, Tehsil
Kashipur, District Udham Singh Nagar in Khasra
No.329 measuring as 0.1380 hectare.
(ii). issue a writ order or direction in the nature of
mandamus commanding and directing the respondent
no.5 not to interfere in the Khasra No.329 which is
recorded in the revenue record as Bhumidhari land in
the name of the petitioners and to follow the judgment
and order passed in Civil Appeal No.7 of 1990 "Abdul
Rehman Vs. DFO Ramnagar" passed on 19.05.1992.
3. Learned counsel for the petitioners submits
that the petitioners have moved an application to the
learned Assistant Collector-First Class/SDM, Kashipur,
District Udham Singh Nagar, on 08.01.2025 under
Section 41 of the Land Revenue Act 1901 for
demarcation of the land Khasra No.329 admeasuring
0.1380 hectare, but, no demarcation has been done by
the respondent-Authority so far. Thus, the petitioners
2025:UHC:7381
were constrained to file the present writ petition for the
aforesaid demarcation.
4. A Coordinate Bench of this Court vide order
dated 14.08.2025, has directed learned State Counsel to
seek instructions in the matter.
5. Today, learned State Counsel passed on to this
Court written instruction dated 19.08.2025, which is
taken on record. On the basis of said instruction, learned
State Counsel submits that there is a litigation with
regard to the adjoining plot Nos.330 and 335, which is
pending in the Court of learned Civil Judge (Junior
Division), Kashipur, District Udham Singh Nagar, in
Original Suit No.67 of 2025 Ajmer Singh Vs. Bhagwan
Das and Others, in which, one of the petitioners-Bhagwan
Das S/o Sri Gajram is one of the respondents.
6. Since, there is interim order in favour of the
plaintiff of the aforesaid original suit passed by the
learned Civil Judge (Junior Division), therefore, no
demarcation of the plot No.329 can be made.
7. Having considered the rival submissions made
by learned counsel for the parties and particularly of the
fact that there is a litigation pending between the parties
with regard to the adjoining plot Nos.330 and 335, it
would not be conducive to pass such an order to
demarcate the plot No.329.
8. In view of the above, the present writ petition
has no force and the same is hereby dismissed in-limine.
9. Pending application(s), if any, stands disposed
of.
(Pankaj Purohit, J.)
21.08.2025
PN
PREETI
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postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81
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AC, cn=PREETI NEGI
Date: 2025.08.21 16:20:07 +05'30'
