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2025 DAILYLAW 14508 (UTT)

PANNA VINAY SHAH v. DISTRICT MAGISTRATE, US NAGAR

WPCRL/1414/2025 · 2025-12-31

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11676-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G.NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY Writ Petition Criminal No. 1414 2025 31st December, 2025 Panna Vinay Shah -----------Petitioner Versus District Magistrate and others ----------Respondents ---------------------------------------------------------------------- Presence:- Mr. Bhupesh Kandpal, learned counsel for the petitioner. Mr. J.S.Virk, learned Deputy Advocate General, assisted by Mr. Rakesh Joshi, Brief Holder for the State. Mr. Aditya Singh, learned counsel for the respondent nos. 5 to 11. ---------------------------------------------------------------------- JUDGMENT: (per Mr. G.Narendar , C.J.) Learned counsel for the petitioner has filed the present writ petition with the following prayers: “(a) A writ, order or direction in the nature of mandamus directing the respondent nos. 1 and 2 to adequate protection to the petitioner from the private respondents. (b) A writ order or direction in the nature of mandamus directing the respondent no.1 to mutate the name of the petitioner over the land owned and possessed by the petitioner.” 2. Learned counsel for the petitioner submits that he is not pressing the relief no. 2 and his prayer for protection may be considered. 1 2025:UHC:11676-DB 3. Learned counsel for the petitioner submits that the father of the petitioner was the owner of the land at Village Khurpia, Tehsil Kichha and after the death of her father late Jeevan Lal Shah and mother Smt. Sarla Shah, the petitioner applied for mutation of her name in the land situated at Village Khurpia and the said application was allowed on 06.02.2023 by the Tehisldar Kichha. 4. Learned counsel for the petitioner submits that the private respondents are trying to take law in their hands and, as such, prays that the official respondents may be directed to provide adequate security to the petitioner. 5. Per contra, learned counsel for the respondents submits that the present case has a chequered history and, in fact, the land belongs to M/s Kesar Sugar Factory and a Writ Petition No. 997 (M/S) of 2023 is pending before the Court. 6. Having heard learned counsel for the parties, liberty is given to the petitioner to move an appropriate application for protection before the respondent no. 3. 7. The Station House Officer, Police Station Kichha, District Udham Singh Nagar is directed to assess the threat, if any, to the life and limb of the 2 2025:UHC:11676-DB petitioner, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioner. 8. The writ petition stands ordered accordingly. (G. NARENDAR, C.J.) (SUBHASH UPADHYAY, J.) Dated: 31.12.2025 Kaushal 3