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2025 DAILYLAW 4069 (UTT)

HRIDAY NARAIN SINGH v. STATE OF UTTARKAHNAD

WPCRL/500/2021 · 2025-02-13

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:856 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.500 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioner. Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 2. By means of this writ petition, petitioner has sought the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.5 to 25 not to interfere in the ploughing and sowing of crops on 45 Acre land in possession of the petitioner. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to lodge the F.I.R. against the respondent no.5 to 25 as they are forcibly doing encroachment in the petitioner’s possession agricultural land and assaulting the petitioner and his family members.” 3. From the pleadings made and relief sought in the writ petition, it is revealed that petitioner has raised a civil dispute in the writ petition. The relief, as claimed, can only be granted by a Civil Court, as private property rights cannot be determined in a public law remedy. 4. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 13.02.2025 Arpan 2025:UHC:856