Shri Ashok Kumar vs State Of Utarakhand And Others
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Uttarakhand High Court

Shri Ashok Kumar vs State Of Utarakhand And Others on 24 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

               Writ Petition No.1764of 2025 (M/S)
Shri Ashok Kumar                                          ..........Petitioner
                                     Vs.
State of Utarakhand and others                      ............. Respondents
Present :      Mr. Shivam Gulati, Advocate for the petitioner.
               Mr. Suyash Pant, Standing Counsel for the State.



                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks directions that possession of the

petitioner be protected over Khasra No.92, measuring 0.4920

hectare, situated in Village Mohammad Baigpur alias Takabri,

Pargana Roorkee, Tehsil and District Haridwar ("disputed land").

2. Heard learned counsel for the petitioner and perused

the record.

3. With regard to the disputed land, in fact, the petitioner

and two other persons had filed, Original Suit No.212 of 2017,

Sunil Kumar and others vs. Raju and others, in the court of First

Additional Civil Judge (Jr. Div.), Haridwar ("the suit") for permanent

and mandatory injunction. The suit has been dismissed.

4. It is the case of the petitioner that the petitioner wants

to prefer an appeal, but due to civil court's vacation, they are

unable to do so. Hence, the possession may be protected.

5. Rule 13 of the General Rules (Civil) 1957, as applicable

in the State of Uttarakhand, provides for hearing of the urgent

matters during vacation and gazette holidays. The petitioner may

be advised to take recourse of it. There is no reason to entertain the

writ petition. Accordingly, the petition deserves to be dismissed at

the stage of admission itself.

6. The petition is dismissed in limine.

(Ravindra Maithani, J.) 24.06.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=e50e50b49596520698eff87e0a08bbd5046 86df4d1afc60f54a287831dec46fe,

KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC 450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.06.26 14:14:21 +05'30'