PRADEEP AGGARWAL v. DISTRICT MAGISTRATE DISTRICT DEHRADUN
WPMS/614/2025 · 2025-03-21
Manoj Kumar Tiwari
body2025
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[ 2025 DAILYLAW 2912 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2912 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2061 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. 614 of 2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. M.C. Kandpal, learned Senior Counsel for the petitioner.
2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand.
3. By means of this writ petition, petitioner has sought the following relief:-
(i)Issue an appropriate writ, order or direction restraining the respondents from auctioning the property (land) of the petitioner situated in Mauza Gram Sabha Chak Ajabopur Khurd, Dehradun with Khasra no. 00064 having the various Khasra numbers in respective areas as described in Par 5 of the present writ petition.
4. It is not in dispute that there were dues of royalty pending against the petitioner and for collecting those dues, a notice was issued to petitioner and thereafter, Collector, Dehradun passed an
order against the petitioner for recovery of entire dues. Petitioner challenged the
order passed by Collector in appeal before Commissioner. After decision in the appeal, petitioner has filed this writ petition, but he has not challenged the
order passed by Commissioner in appeal.
5. Learned State Counsel submits that the property belonging to petitioner has been sold in public auction on 31.01.2025, and thereafter on 04.03.2025, a registered sale deed has been executed in favour of buyer of the property. He, thus, submits that now the
2025:UHC:2061 petitioner has a remedy under Rule 285(i) of UPZA&LR Rules, 1952 or he can also approach the Competent Civil Court for cancellation of sale deed.
6.
Learned counsel for the petitioner submits that petitioner has deposited a sum of ₹12,93,59,506/- on 07.03.2025, in terms of the order passed by this Court on 06.03.2025.
7. Be that as it may, since a third party interest has been created upon execution of sale deed, therefore, the proper remedy for the petitioner is to approach appropriate forum under Rule 285(i) of UPZA&LR Rules.
8. Accordingly, the writ petition is
disposed of with liberty to petitioner to file application under Rule 285(i) of UPZA&LR Rules before the Competent Court.
(Manoj Kumar Tiwari, J)
21.03.2025 Aswal
2025:UHC:2061