WPMS/269/2026
2026 Latest Caselaw 611 UK

Uttarakhand High Court

WPMS/269/2026 on 4 February, 2026

              Office Notes,
       Date      reports,
                orders or                  COURT'S OR JUDGE'S ORDERS
              proceedings
              or directions
                   and
               Registrar's
               order with
               Signatures
D/34                          WPMS No.269 of 2026
                              With
                              Urgency Application (IA) No.1 of 2026
                              Stay Application (IA) No.2 of 2026
                              Hon'ble Siddhartha Sah, J.

Mr. Sagar Kothari, Advocate for the petitioner appeared through video conferencing.

Mr. Mohit Bhauryal, Advocate for the Caveator appeared through video conferencing.

Mr. Suyash Pant and Mr. Sudhir Kumar Nailwal, Standing Counsel for the State/respondent no.9.

Ms. Anjali Bhargava, Advocate has accepted notice for respondent no.10. The petitioner has challenged the order dated 16.01.2026, passed by the Board of Revenue, Uttarakhand, Dehradun in Revenue Revision No.43/2025-26, Mumtaz Hasan Vs. Mohd. Naseem and others.

A bare perusal of the impugned order dated 16.01.2026 would reveal that the said revision has been decided without notice to the petitioner, who is plaintiff in the original suit. Moreover, the Board of Revenue, Uttarakhand, Dehradun had relied upon Order 39 Rule 3-A of the Code of Civil Procedure, 1908, which has been omitted by High Court Amendment Allahabad vide Notification dated 03.02.1981 (w.e.f. 03.10.1981). In that view of the matter, there shall be an interim order.

As an interim measure, it is provided that till the next date of listing, the effect and operation of the impugned judgment and order dated 16.01.2026, passed by the Board of Revenue, Uttarakhand, Dehradun in Revenue Revision No.43/2025-26, Mumtaz Hasan Vs. Mohd. Naseem and others, shall remains stayed.

Learned counsel for the respondents seek and are granted two weeks' time to file counter affidavit.

List on 20.02.2026.

Urgency application and stay application are disposed of accordingly.

Issue notice to the respondent no.1. Steps to be taken within three days.

(Siddhartha Sah, J.) Vacation Judge 04.02.2026 Sanjay