Uttarakhand High Court
Unknown vs Rajendra Pal Marwah And Others on 18 November, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
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Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
with Signatures
WPMS No.3194 of 2025
Hon'ble Pankaj Purohit, J.
Mr. M.S. Tyagi, learned Senior Advocate assisted by
Mr. Kailash Chandra, Advocate for the petitioner.
2. This writ petition has been filed under Article 227 of
the Constitution of India, whereby the petitioner has put to
challenge the order dated 14.10.2025 (annexure no.13),
passed in Revision No.31 of 2022-23, Abdul Salam Vs.
Rajendra Pal Marwah and others, whereby the revisional
court has remanded the matter back to Trial Court to
reconsider the case between the parties on the basis of
restoration application moved by the petitioner.
3. The petitioner claims title/ownership over the land in
dispute comprised in Khata No.726/1 and Khata No.726/2
ad-measuring 0.576 hectares on the basis of a registered
sale deed entered into between the parties - Subhash Chand
Kapaniya, Ashok Kumar Jhanba and Smt. Chandra Kala
and the petitioner vide sale deed dated 28.11.2006.
4. A restoration application for setting aside a dismiss in
default order dated 22.11.2016 was moved by the petitioner
in Suit No.37 under Section 12 of the U.P. Consolidation of
Holdings Act, 1953 (hereinafter referred to as the "Act"),
pending in the court of learned Consolidation Officer,
Roorkee-III, Haridwar. The said restoration application was
allowed by learned C.O. vide order dated 12.07.2022
(annexure no.3).
5. Feeling aggrieved the respondent no.1 challenged the
order dated 12.07.2022 by filing an appeal before the
learned Settlement Officer (Consolidation) Haridwar, Camp
at Roorkee which appeal was registered as Appeal No.320 of
2022-23, Abdul Salam Vs. Rajendrapal Marwah & others,
under Section 11(1) of the Act.
6. The said appeal preferred by respondent no.1 was
dismissed vide judgment and order dated 24.07.2023.
7. The matter was taken by respondent no.1 in revision
before the Deputy Director of Consolidation by filing a
Revision No.31 of 2022-23, Abdul Salam Vs. Rajendrapal
Marwah & others. The revision was allowed and the matter
was remanded back to the Trial Court.
8. It is feeling aggrieved by the said order the petitioner is
before this Court.
9. It is contended by learned counsel for the petitioner
that the petitioner has acquired the title/ownership of the
aforesaid land on the strength of a registered sale deed
dated 28.11.2006 which land had already been sold by
father of respondent no.1 way back in the year 2003 by way
of a registered sale deed which later on after execution of
different sale deeds reached to the petitioner.
10. The learned Senior Advocate for the petitioner submits
that respondent no.1 was also a witness of the aforesaid
sale deed executed in the year 2003 and it is only for the
purpose of getting undue benefit the matter is being agitated
by him before the court of law.
11. Issue notice to the respondents, returnable within four
weeks.
12. Steps to be taken within seven days.
13. List this case on 29.12.2025.
14. In the meantime, effect and operation of the impugned
order 14.10.2025 (annexure no.13), passed in Revision
No.31 of 2022-23, Abdul Salam Vs. Rajendra Pal Marwah
and others, shall remain stayed and it is also directed that
the parties shall maintain status quo with regard to the
property in-question.
15. Stay Application (IA No.1 of 2025) stands disposed of
accordingly.
(Pankaj Purohit, J.)
18.11.2025
SK
