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2025 DAILYLAW 2056 (UTT)

BHAGWAN SINGH THAPA v. BISHAMBER SINGH

WPMS/266/2025 · 2025-02-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1181 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 266 of 2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Rajat Mittal, learned counsel for the petitioner. 2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner has challenged the order dated 10.01.2025 passed by Uttarakhand Board of Revenue in Revision No. 55 of 2024-25. By the said order, revision, filed by plaintiffs (respondent nos. 1 to 3 herein), was partly allowed; the matter was remanded to the Assistant Collector 1st Class, Vikasnagar, District Dehradun with a direction to pass necessary orders, as per law, on the suit filed by revisionists/plaintiffs; revisionists were directed to appear before the Assistant Collector 1st Class on 27.01.2025 and till then status quo shall be maintained qua the property in dispute. 4. The said order is challenged on the ground that the suit was not instituted and there was no order, therefore, the revisional court could not have passed such an order. 5. Learned counsel for the petitioner submits that the order of status quo passed by learned revisonal court is thus unsustainable. 6. Learned State Counsel was given time to get instructions. Today, on instructions, learned State Counsel submits that suit filed by revisionist (respondent nos. 1 to 3 herein) has been 2025:UHC:1181 registered by the court concerned, as Suit No. 19 of 2024-25 and notice has been issued to the defendants for hearing on application under Section 80 CPC. Learned State Counsel fairly submits that revision petition filed by respondent nos. 1 & 3 ought not to have been entertained, as neither any order nor any suit, was instituted on the date of filing of the revision. He, however, submits that the order of status quo, passed by learned revisonal court, has become inoperative due to institution of the suit, as the revisional court had directed the parties to maintain status quo only till 27.01.2025 or till the time, the suit is instituted. 7. This Court finds substance in the submission made by learned State Counsel. Since, as per the order passed by revisional court, revisionist had to appear before Assistant Collector 1st Class, Vikasnagar on 27.01.2025 and order of status quo was operative only till 27.1.2025, therefore, there is no interim order operating in the matter. 8. With the aforesaid clarification, the writ petition is disposed of. (Manoj Kumar Tiwari, J) 18.02.2025 Aswal 2025:UHC:1181