Uttarakhand High Court

'State Government vs Unknown on 5 June, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      05.06.2025                            C-528 No. 603 of 2025
                                            Hon'ble Vivek Bharti Sharma, J.

Mr. Ajay Veer Pundir, learned counsel for the petitioners.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. This criminal misc. application is filed by the petitioners/accused under Section 528 of B.N.S.S. for quashing the impugned order dated 07.02.2025 passed by the learned Sub Divisional Magistrate, Roorkee, District Haridwar in Case No.14 of 2022, 'State Government vs. Devraj & Others' under Section 133 Cr.P.C. and the judgment & order dated 30.04.2025 passed by the learned 4th Additional Sessions Judge, Haridwar in Criminal Revision No.83 of 2025, 'Devraj & Others vs. Government of Uttarakhand.'

4. Supplementary Affidavit filed by the petitioners is taken on record.

5. Learned counsel for the petitioners would submit that an Urgency Application (IA No. 01 of 2025) is filed by the petitioners for staying the operation of the impugned order dated 07.02.2025, whereby the petitioners had been directed to remove the structure that has covered the path between two houses of the petitioners on either side of the path; that, this path was not on public land rather it was on the land of the petitioners; that, there are eight houses apart from the house of the petitioners who used this path but there is no obstruction to rest of the residents of remaining seven houses as they can use it beneath the overlapping structure covering that path.

He would refer to their reply/objection filed to the notice (Annexure No.3 to the petition) issued by the executing court in which it is stated that grandfather of the petitioners has donated the land to the rest of the house.

6. Per contra, learned State counsel would vehemently oppose the said application on the ground that even if the averments of the petitioners are taken to be correct on the face of it then it is admitted case of the petitioner that this path is being used by rest of the family members and as it being used by other families, therefore, that has attained the character of the public path on which the petitioners do not have any right to cover it by joining his houses through slabs by covering the path overhead.

7. Having considered the rival submissions of learned counsel for the parties, this Court does not find any ground for staying the impugned order at this stage. Accordingly, the Urgency Application (IA No. 01 of 2025) is hereby rejected.

8. The petitioners are directed to file certified copy of the notice (Annexure No.3 to the petition), impugned order of learned Magistrate (Annexure no.6 to the petition), reply/objection to the notice and other relevant documents forming part of the record of learned Magistrate and Revisional court in support of their case, by way of supplementary affidavit.

9. List this matter after filing of supplementary affidavit.

(Vivek Bharti Sharma, J.) 05.06.2025 Akash