2025:UHC:4424-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 3rd JUNE, 2025 SPECIAL APPEAL NO. 267 OF 2024 Nazakat Ali Khan …........Appellant. Versus State of Uttarakhand & others …..Respondents Counsel for the appellant : Mr. Siddharth Singh and Mr. D.S. Negi, learned counsel. Counsel for the State : Mr. P.C. Bisht, learned Additional Chief Standing Counsel. Counsel for respondent No. 3 : Mr. Ashish Joshi, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the appellant and learned Government Advocate. 2. Learned Government Advocate would submit that the appellant has already preferred a Suit seeking for a declaration of his title over the property in question and; that the said Suit is pending consideration. 3. In that view, we are of the opinion that the issues raised in the instant Appeal can also be effectively canvassed before the Trial Court by letting appropriate evidence. 4. Learned counsel for the appellant would submit that the Suit was instituted much prior to the forced eviction of the appellant. 5. Be that as it may, the factum of the appellant’s 1 2025:UHC:4424-DB eviction can be pleaded effectively and adjudicated by the Trial Court on the strength of the evidentiary material that may be placed before it. 6. In that view, the instant Appeal is disposed of by reserving liberty to the appellant to approach the Civil Court, if he so desires, for amendment of the plaint and if an Application for amendment is preferred within four weeks from today, the same shall not be rejected on the ground of being belated, and further as the proprietary right of title over the land is a constitutionally recognized right, we deem it appropriate to direct the concerned Trial Court to hear and dispose of the said Suit within eighteen months from today, without fail. 7. The Appeal stands ordered accordingly. 8. There shall be no order as to costs. 9. Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 3rd June, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616905604 87E670C, cn=NISHANT KUMAR Date: 2025.06.10 11:03:13 +05'30'