Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10558 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PMS 3 2 6 6 / 2 0 2 5
Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Deepak Petshali, Advocate, for the petitioner.
Mr. N.S. Pundir, Deputy AG, for the State.
(2) By means of this writ petition, petitioner has sought the following relief:
“(i) Issue a Writ order or direction in the nature of Mandamus directing the respondent no. 3 & 4 not to restrain the petitioner’s from constructing on their own land.”
(3) Learned State Counsel is right in submitting that the relief as claimed can only be granted by a Civil Court, since there is dispute regarding identification of land, which petitioner claims to be his.
(4) This Court finds substance in the objection raised by learned State Counsel. Disputed questions of fact cannot be adjudicated in writ proceedings. Writ petition is, accordingly, disposed of with liberty to the petitioner to approach the competent court of law for seeking the relief, as has been claimed in this writ petition.
( Man oj Ku m ar Tiw ar i, J.)
2 7 .1 1 .2 0 2 5 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C919 57BE53, cn=PRABODH KUMAR Date: 2025.11.27 17:24:01 +05'30'
2025:UHC:10558