2025:UHC:10212 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 1 9 7 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mohd. Umar, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State/ respondent nos. 1 & 2. 3. Mr. Shobhit Saharia, Advocate for respondent no. 3. 4. According to the petitioner, his cousin late Manohar Lal executed a Will in favour of the petitioner and he passed away after executing the Will. It is contention of the petitioner that a residential as well as agricultural plot was allotted in favour late Manohar Lal by Director, Rehabilitation, THDC under Rehabilitation Policy, as his land was acquired for Tehri Dam Project, therefore, based on the will, the respondent nos. 1, 2 & 3 be directed to issue revised allotment order in favour of the petitioner. 5. Learned counsel for the respondents, however, submit that property rights cannot be determined in writ proceedings; the validity of a Will has to be gone into and there may be other persons who would also be relying on Will or succession for claiming the property in question. Thus, it is contended by learned counsel for respondents that the only remedy available to the petitioner for seeking the relief as prayed for, would be to 2025:UHC:10212 approach the competent Civil Court. 6. This Court finds substance in the submission made by learned counsel for the respondents. Whether petitioner is entitled to the property in question based on a Will or whether there are other persons, who have a better right than the petitioner, can only be decided by a Civil Court. Writ proceedings are not meant to decide such disputes. 7. In such view of the matter, the writ petition is disposed of with liberty to petitioner to approach the appropriate forum available to her in law. ( Man oj Ku m ar Tiw ar i, J.) 18.11.2025 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=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5 , cn=NAVEEN CHANDRA Date: 2025.11.18 17:37:36 +05'30'