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2025 DAILYLAW 11182 (UTT)

BHAGIRATHI ENCLAVE RESIDENTS WELFARE SOCIETY v. THE COLLECTOR DEHRADUN

WPMS/2639/2025 · 2025-09-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8047 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2639/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajeshwar Singh, Advocate through video conferencing assisted by Mr. Vikas Bahuguna, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. 2. Petitioner has challenged an order dated 15.01.2003 passed by Additional District Magistrate, Finance and Revenue, Dehradun, whereby ban was imposed on sale/purchase of land comprised in khasra No. 385 situate in Balbir Road (village Dharampur) till further orders. 3. Learned State Counsel points out that petitioner challenged the said order in a Civil Suit, which was dismissed vt learned 4th Additional Civil Judge (Senior Division), Dehradun, vide judgment dated 06.11.2020. Petitioner, thereafter, filed First Appeal which was dismissed by learned District Judge, Dehradun vide judgment dated 05.11.2024. 4. Learned State Counsel thus submits that petitioner is trying to sort-circuit the process, and instead of filing Second Appeal, he has challenged the order passed by Additional District Magistrate in independent proceeding, 2025:UHC:8047 that too, after 22 years. He submits that writ petition is not maintainable. 5. This Court also finds substance in the submission made by learned State Counsel. 6. After dismissal of First Appeal, petitioner has the remedy of challenging the judgment rendered by Trial Court, as affirmed by First Appellate Court, by filing Second Appeal under Section 100 of CPC. 7. In such view of the matter, writ petition is dismissed with liberty to petitioner to approach appropriate forum under Section 100 of CPC. 8. It shall be open to petitioner to claim benefit of Section 14 of Limitation Act, for the time spent in pursuing remedy before this Court. (Manoj Kumar Tiwari, J.) 10.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f0 31a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC462 6D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.12 10:19:53 +05'30'