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2025 DAILYLAW 16246 (UTT)

SHRI PRAKASH RATHORE v. STATE OF UTTARAKHAND

WPMS/2912/2025 · 2025-10-16

Ashish Naithani

body2025

Judgment text

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2025:UHC:9485 S L. N o. Dat e Of f ice Not es, report s, orders or p roceedin gs or direct ion s an d Regist rar’s order w it h Sign at u res COURT’S OR JUDGE’S ORDERS WPMS No. 2912 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Prakash Rathore, Petitioner in-person. 2. Mr. V.D. Bisen, learned Additional C.S.C. for the State of Uttarakhand. 3. Mr. Siddhartha Singh, learned counsel for Respondent No. 2. 4. The present Writ Petition, filed under Article 227 of the Constitution of India, has been instituted with the following prayer: “(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 27.08.2025, passed by learned Vth Additional District Judge Dehradun, being wholly arbitrary, whimsical and tantamount of annulling the legislation enacted by the State legislature and judgments of Hon’ble Supreme Court of India. (ii) Call for the record of trial Court and dismiss the plaint with cost.” 5. Having considered the submissions and upon perusal of the record, this Court is of the view that the Petitioner is possessed of an efficacious statutory remedy before the competent forum. In exercise of supervisory jurisdiction under Article 227 of the Constitution of India, this Court is not inclined to entertain the writ petition at this stage, particularly when such statutory remedy has not been exhausted. 6. Accordingly, the Writ Petition is disposed of as not maintainable, reserving liberty to the petitioner to avail the remedy available under law before the appropriate authority/ forum, in accordance with law. 7. No order as to costs. ( Ash ish Nait h an i, J.) 1 6 .1 0 .2 0 2 5 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.28 16:21:32 +05'30' 2025:UHC:9485