Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8136 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2640/2025 Hon’ble Manoj Kumar Tiwari, J.
Mohd. Matlub, Advocate for the petitioners.
2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/respondent no. 1.
3. According to petitioners, certain persons are trying to encroach upon their agricultural land situate in District Haridwar and petitioners have made representation to the District Magistrate and Sub Divisional Magistrate concerned, however, no decision has been taken.
4. Learned State Counsel, however points out that in their representation, petitioners have sought eviction of those persons, who they contend, are the encroachers. He submits that remedy under Section 209 of Zamindari Abolition & Land Reforms Act, 1950 is available to the petitioners.
5. This Court finds substance in the said submission. Civil or property right cannot be decided in a writ petition.
6. Since eviction suit can be filed under Section 209 of Zamindari Abolition & Land Reforms Act, 1950, therefore the writ petition is dismissed with liberty to the petitioners to approach the appropriate forum.
(Manoj Kumar Tiwari, J.)
12.09.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.12 14:00:52 +05'30'