Citation : 2026 Latest Caselaw 1200 UK
Judgement Date : 18 February, 2026
2026:UHC:1051
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
18TH FEBRUARY, 2026
WRIT PETITION NO.3485 OF 2025 (M/S)
Ramesh Chandra Sharma .....Petitioner
Versus
Karam Chand (deceased) through Legal
Representatives and Others .....Respondents
Counsel for the Petitioner : Mr. Saurabh Kumar Pandey, Advocate.
Counsel for the Respondent : Mr. I.P. Kohli, Standing Counsel.
No. 5
Counsel for the Respondent : Mrs. Anjali Bhargava, Advocate.
No. 6
Hon'ble Alok Kumar Verma,J.
This Writ Petition has been filed under Article
227 of the Constitution of India with the following
prayers :-
"(I). To issue an appropriate order or direction to the learned Assistant Collector 1st Class Kaladhungi District Nainital to decide the Revenue Suit No. 22/67 year 1984-85 "Ramesh Chandra Sharma Vs. Karam Chand & others"
under Section 209 of UP ZA & LR Act as expeditiously as possible or within such time as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(II) To issue such other suitable writ, order or direction which this Hon'ble Court may deem fit and proper.
(III) To award cost of the writ petition to the petitioner."
2. Heard Mr. Saurabh Kumar Pandey, learned
2026:UHC:1051 counsel for the petitioner, Mr. I.P. Kohli, learned
Standing Counsel for the respondent no.5 and Mrs.
Anjali Bhargava, learned counsel for the respondent
no.6.
3. Mr. Bipin Chandra Pant, the Assistant
Collector, Ist Class / Sub-Divisional-Magistrate,
Kaladhungi, District Nainital is present through video
conferencing.
4. On 07.01.2019, the Coordinate Bench, in
WPMS No.41 of 2019, directed the Assistant Collector,
Ist Class, Kaladhungi, District Nainital to hear and
decide the Revenue Suit No. 22/67 year 1984-85,
"Ramesh Chandra Sharma Vs. Karam Chand and
Others" as early as possible, preferably within a period
of nine months from the date of production of a
certified copy of the order.
5. On 19.12.2023, the Coordinate Bench
directed the Assistant Collector, Ist Class, Kaladhungi,
District Nainital to decide the said Revenue Suit No.
22/67 year 1984-85 within a period of nine months.
The said order, passed in Writ Petition (M/S) No.3394 of
2023) was not complied with. Therefore, a Contempt
Petition (CLCON No. 23 of 2023) was filed. The
Contempt Petition was disposed of on 12.01.2023
2026:UHC:1051 directing the Assistant Collector, Ist Class, Kaladhungi
to hear and dispose of the matter, as expeditiously as
possible.
6. In the present Writ Petition, on 03.01.2026,
the Coordinate Bench directed the Assistant Collector,
Ist Class, Kaladhungi, District Nainital to comply with
the orders dated 07.01.2019 and 19.12.2023 within a
period of fifteen days.
7. Mr. Bipin Chandra Pant, Assistant Collector,
Ist Class, Kaladhungi, District Nainital submitted that
he assumed the charge of Assistant Collector, Ist Class,
Kaladhungi on 15.10.2025 and he came to know of the
said case only on 17.12.2025. The said case was taken
up by him on 20.12.2025, 26.12.2025 and 01.01.2026.
He disposed of the objection, filed on 20.05.2020. The
said efforts were duly communicated to this Court
through a response affidavit dated 30.12.2025. The
matter is being taken up for hearing on a day-to-day
basis. It was never his intention to flout the orders of
the Court. The said case is fixed for the evidence of
the defendants. He has sought further three months
time to decide the said revenue case.
8. The said request has not been opposed by Mr.
Saurabh Kumar Pandey, Advocate.
2026:UHC:1051
9. The present Writ Petition (WPMS No.3485 of
2025) is disposed of on the request of both the parties
by directing the learned Assistant Collector, Ist
Class/Sub-Divisional-Magistrate, Kaladhungi, District
Nainital to decide the Revenue Suit No. 22/67 year
1984-85, "Ramesh Chandra Sharma Vs. Karam Chand
and Others" expeditiously but not later than three
months from today.
___________________ ALOK KUMAR VERMA, J.
Date: 18.02.2026 Shiv/
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