C528/1580/2025
2025 Latest Caselaw 4140 UK

Citation : 2025 Latest Caselaw 4140 UK
Judgement Date : 9 September, 2025

Uttarakhand High Court

C528/1580/2025 on 9 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
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                                  C528 No.1580 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Amit Kapri, Advocate for the applicant.

2. Mr. Pratiroop Pandey, A.G.A. for the State.

3. By means of the present C528 application, the applicant has put to challenge the judgment and order dated 02.01.2019, passed by learned Sub-Divisional Magistrate, Berinag, Pithoragarh, in Case No.17 of 2013, under Section 145 of Cr.P.C., whereby the case of the respondent no.2 has been rejected and Tehsildar Berinag was directed to initiate the proceedings to vest the land in- question in favour of the State as well as judgment and order dated 01.08.2025, passed by learned Additional Sessions Judge, Pithoragarh, in Criminal Revision No.16 of 2019, Bahadur Singh Vs. State of Uttarakhand and another.

4. It is mainly contended by counsel for the applicant that the Court has exceeded his jurisdiction by directing the Tehsildar to initiate proceedings for vesting the land in the State in proceeding under Section 145 of Cr.P.C. as in the proceeding under Section 145 of Cr.P.C. only possession of the respective parties is to be seen on the date two months prior to the date of preliminary notice.

5. This Court finds substance in the submission made by counsel for the applicant.

6. Issue notice to respondent no.2, returnable within two weeks.

7. Steps to be taken within three days.

8. List this case on 27.11.2025.

9. In the meantime, effect and operation of the order

dated 02.01.2019, passed by learned Sub-Divisional Magistrate, Berinag, Pithoragarh, in Case No.17 of 2013, shall remain stayed.

(Pankaj Purohit, J.) 09.09.2025 SK