Uttarakhand High Court
Shadab And Others ... vs State Of Uttarakhand And Others on 24 July, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 2056 of 2025 (M/S)
Shadab and others ..........Petitioners
Vs.
State of Uttarakhand and others ........ Respondents
Present : Mr. S.C. Burman, Advocate for the petitioners.
Mr. Mohit Maulekhi, Brief Holder for the State of
Uttarakhand/respondent nos.1 to 3.
Mr. Manish Kumar, Advocate holding brief of Mr. Ashish Joshi,
Advocate for respondent no.4.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The petitioners claim that they are the owners of a
property bearing No.24/1, recorded in Nagar Nigam revenue record,
situated in Gandhi Road, Dehradun. The petitioner has constructed
a shop on the property. Original Suit No.273 of 2024 ("the civil
suit") has been filed against the petitioners by the private
respondents claiming the property as their own. The petitioners are
contesting the civil suit, but the private respondents are harassing
and abusing the petitioners to vacate their land and, thereafter, the
petitioner has given a representation to the
District Magistrate, Dehradun on 01.07.2025. The petitioners seek
directions to the District Magistrate that he may decide the
representation and till the civil suit is decided, status quo may be
maintained.
2. Heard learned counsel for the parties and perused the
record.
3. Learned counsel for the petitioners would submit that
the petitioners are the owners in possession of the property, with
regard to which, a civil suit is filed against them by the private
respondents, but the private respondents are threatening the
petitioners to vacate the land; the petitioners have given a
representation to the District Magistrate, Dehradun. Therefore, the
District Magistrate, Dehradun may be directed to take a decision on
the representation and this Court may pass an order of status quo
till the original suit is decided.
4. Learned State Counsel would submit that the
petitioners have a private dispute with the private respondents,
with regard to which, civil suit is already pending. The petitioners
may claim their relief in the civil suit by way of filing counter claim
or in any manner, as they may be advised.
5. The representation of the petitioner, as allegedly given
to the District Magistrate, Dehradun is Annexure No.2 to the writ
petition. It gives history of the property-in-dispute since 1963, as to
who owned it and how it was transferred, etc. The petitioners by
way of their representation seek high level inquiry.
6. The petitioners are pursuing their rights in the private
land. They claim ownership of the property-in-dispute. If the civil
suit has been filed against the petitioners by the private
respondents, undoubtedly the petitioners may seek redressal of
their grievance in the civil suit. They may file counter claim, if they
are so advised. They may take such other relief, as is permissible
under law. If the petitioners seek status quo with regard to the
property, which is subject matter to the civil suit, the petitioner is
always free to file such application before the civil court, where the
civil suit is pending. In so far as the representation is concerned, it
is not obligatory under any statute for the District Magistrate to
conduct such inquiry. The dispute is private in nature. The civil
suit is already pending. Therefore, there is no reason to make any
interference in this petition. Accordingly, the petition deserves to be
dismissed at the stage of admission itself.
7. The petition is dismissed in limine.
(Ravindra Maithani, J.)
24.07.2025
Sanjay
SANJAY Digitally signed by SANJAY KANOJIA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f
KANOJIA
54a287831dec46fe, postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A
087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA
Date: 2025.07.25 16:59:19 +05'30'
