Hon'Ble Alok Kumar Verma vs Collector Ist Class
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Uttarakhand High Court

Hon'Ble Alok Kumar Verma vs Collector Ist Class on 13 March, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

SL.   Date         Office      Notes,
No                 reports, orders or
                   proceedings     or   COURT'S OR JUDGES'S ORDERS
                   directions     and
                   Registrar's order
                   with Signatures

      13.03.2026                        WPMS No.545 of 2026
                                        Hon'ble Alok Kumar Verma, J.

The petitioner filed a case (Case No.26/2025-26, "Shiv Charan vs. Maan Singh and Others") under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in the State of Uttarakhand). On 28.01.2026, the learned Assistant Collector Ist Class, Vikasnagar, District Dehradun restrained both the parties from selling the suit-property and altering its nature. A Revision (No.56/2025-2026) was filed by the respondent no.1 (herein) before the Board of Revenue.

2. It has been observed in the revision that the provisions of Order 39 Rule 3A of the Code of Civil Procedure, 1908 have not been complied with. Therefore, the revision has been allowed on 12.02.2026. The Board of Revenue has remanded the case by setting aside the order dated 28.01.2026.

3. Heard Mr. Shankar Aggarwal, learned counsel with Mr. Ashish Aggarwal, learned counsel for the petitioner and Mr. Sagar Kothari, learned counsel for the respondent no.1.

4. Mr. Shankar Aggarwal, Advocate submitted that the Order 39 Rule 3A of the Code of Civil Procedure, 1908 was omitted by the Hon'ble Allahabad High Court vide Notification dated 03.02.1981 (as applicable in the State of Uttarakhand).

5. Admit.

6. Notice is issued to the respondent nos.2 to 4. Steps to be taken within three days by all the permissible modes.

7. List on 02.05.2026. Till then, both the parties are restrained to create any third party interest over the suit- property.

8. Parties are directed to appear in- person before this Court on 02.05.2026.

                          (Alok Kumar Verma, J.)
JKJ/Pant                      13.03.2026