9 December vs Ramsewak Agarwal
2025 Latest Caselaw 6492 UK

Uttarakhand High Court

9 December vs Ramsewak Agarwal on 19 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2025:UHC:11377
HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Misc. Single No. 3487 of 2025
                       19 December, 2025
Nagar Panchayat Mahuwadabra
                                                        --Petitioner
                               Versus

Ramsewak Agarwal

                                                      --Respondent
----------------------------------------------------------------------
Presence:-
Mr. Mohit Kumar Kashyap, learned counsel for the petitioner.
----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J. (Oral)

This writ petition has been filed by the petitioner under Article 227 of the Constitution of India, challenging the judgment and order dated 30.10.2025 passed by the 1st Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, annexed as Annexure-12, passed in Civil Execution Case No. 1 of 2021, Ramsewak Agarwal vs. Nagar Panchayat Mahuwadabra, whereby, after obtaining the report of the survey commission, the Civil Ameen was directed to hand over vacant possession of the land which had been encroached upon by Nagar Panchayat Mahuwadabra.

2. Learned counsel for the petitioner contended that Original Suit No. 379 of 2012, Ramsewak Agarwal vs. Nagar Panchayat Mahuwadabra, was decreed ex parte in favour of the respondent/decree-holder, whereby the respondent was restrained from interfering with Khasra No. 437, admeasuring 0.077 hectare, and Khasra No. 438, admeasuring 3.191 hectares, situated in Village Haripura, Tehsil Jaspur, District Udham Singh Nagar, for the construction of a Nala over the aforesaid land. The

2025:UHC:11377 decree was put into execution in Civil Execution Case No. 1 of 2021, Ramsewak Agarwal vs. Nagar Panchayat Mahuwadabra, but due to litigation, the decree could not be executed since 2021.

3. He further submitted that in the earlier round of litigation, the petitioner had approached this Court by filing WPMS No. 673 of 2025, Nagar Panchayat Mahuwadabra vs. Ramsewak Agarwal, challenging the order passed by the Executing Court, and this Court disposed of the writ petition by directing the Executing Court to issue a commission for survey of the land. Thereafter, the survey commission was issued and the survey report was taken on record by the learned Executing Court. However, since there were certain lacunae in the survey report, a re-survey was conducted, and after the re-survey, the impugned order was passed.

4. I have gone through the impugned order and carefully perused the material available on record. There is no illegality in the impugned order passed by the learned Executing Court. Accordingly, the writ petition is dismissed in limine.

5. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 19.12.2025 AK