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2025 DAILYLAW 11086 (UTT)

REENA DEVI v. DISTRICT MAGISTRATE

WPMS/2627/2025 · 2025-09-09

Pankaj Purohit

body2025

Judgment text

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2025:UHC:7974 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.2627 of 2025 09 September, 2025 Reena Devi --Petitioner Versus District Magistrate and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Saurabh Kumar Pandey, learned counsel for petitioner-plaintiff. Mr. Anil Dabral, learned Additional C.S.C. with Mr. Sudhir Nainwal, learned Standing Counsel for the State of Uttarakhand/respondent No.1. Ms. Anjali Bhargava, learned counsel for respondent No.2-Gram Sabha. Hon’ble Pankaj Purohit, J. (Oral) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner for a direction to the learned Assistant Collector, Haldwani, to decide the Revenue Case No.22/244 of 2019-20 Smt. Reena Devi Vs. State of Uttarakhand and Others, expeditiously. 2. It is the case of the case of the petitioner- plaintiff that the Revenue Case No.22/244 of 2019-20 Smt. Reena Devi Vs. State of Uttarakhand and Others, was instituted by her on 04.11.2019. The suit was directed to be proceeded ex-parte vide order dated 21.07.2022, as the respondent Nos.3 and 4 even after service of notice by way of order of publication on 21.07.2022 did not appear before the learned Trial Court. After proceeding of the suit ex-parte, several dates have been given for recording of the evidence of the petitioner-plaintiff. 1 2025:UHC:7974 3. It is further contended by him that most of the dates, learned Presiding Officer was not available and for that reason, the ex-parte evidence could not be recorded on the side of the petitioner-plaintiff. 4. From perusal of the record, it is reflected that various dates has been given, but ex-parte evidence of the petitioner-plaintiff has not been recorded so far. 5. Since, under the Constitution of India, right of speedy justice is a fundamental right, therefore, if the learned Assistant Collector, Haldwani, is directed to decide the above revenue case expeditiously, the ends of justice would be met to the petitioner-plaintiff. 6. Accordingly, the present writ petition is allowed. Learned Assistant Collector, Haldwani, is directed to decide the Revenue Case No.22/244 of 2019-20 Smt. Reena Devi Vs. State of Uttarakhand and Others, expeditiously within a period of six months from the date of production of certified copy of this order, provided the petitioner-plaintiff completes her evidence within three months. (Pankaj Purohit, J.) 09.09.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe 38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81 FAE064498483A83D84BDB0F9229D5BF08D959 AC, cn=PREETI NEGI Date: 2025.09.09 15:55:06 +05'30'