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2025 DAILYLAW 10534 (UTT)

GAUTAM KUMAR v. STATE OF UTTARAKHAND

WPMS/2509/2025 · 2025-08-25

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7502 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2509/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. S.C. Burman, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. According to petitioner, he purchased a land admeasuring about three Bigas from respondent no. 4, but respondent no. 4 thereafter sold the same land in favour of respondent nos. 5 & 6 by executing a sale deed. 4. By means of this writ petition, petitioner has sought the following reliefs:- (i) issue a writ, order or direction in the nature of Mandamus directing the respondents to consider and decide the application/representation dated 10.07.2025 submitted by the petitioner to respondent no. 2 and 3 by a reasoned and speaking order within a stipulated period. (ii) direct the respondents to maintain Status- quo till disposal of Original Suit N o. 19 of 2021. 5. Learned State Counsel refers to representation made by petitioner to District Magistrate, which is on record as Annexure 6 to the writ petition. He submits that the dispute is purely civil in nature, therefore, the writ petition is ill advised. 6. Perusal of the said representation reveals that Original Suit No. 19 of 2021 was filed by one Anuj Kumar, which is 2025:UHC:7502 still pending and some interim relief was also passed. 7. This Court finds substance in the contention made by learned State Counsel. The dispute involved in the present writ petition is purely civil dispute, which cannot be decided in a writ petition. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to seek his remedy before competent court of law. (Manoj Kumar Tiwari, J) 25.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f074 77005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10 C2CE3D26F5C22DACF4F4610C1FE58A585 31726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.25 04:32:43 -07'00' 2025:UHC:7502