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2025 DAILYLAW 6799 (UTT)

SUBHASH CHAND MANDAL AND ORS v. CHAMPA DEVI

WPMS/1453/2025 · 2025-05-22

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4306 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1453/2025 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Vikas Kumar Guglani, learned counsel for the petitioner. 2. By means of this writ petition, petitioners have sought the following relief:- (i) Issue a writ, order or direction in the nature of certiorari for quashing of the order dated 04.02.2025 passed in Revenue Case No. 05/01 of 2022-23 titled as (Subhash Chand Mandal and others Versus Champa Devi & others) passed by Ld. Assistance Collector 1st Class Camp Gadarpur, District Udham Singh Nagar as well as order dated 27.03.2025 passed in Revenue appeal no. 1 of 2024-25 passed by the court of Commissioner Kumaon Division Nainital (Annexure no. 1) 3. Learned counsel for the petitioners submits that petitioners have filed an appeal against the order passed by Assistant Collector 1st Class, Gadarpur, District Udham Singh Nagar, which has been admitted by learned Commissioner, Kumaon Division; however, petitioners’ interim relief application has been rejected vide order dated 27.03.2025. He submits that the said appeal is numbered as Revenue Appeal No. 1 of 2024-25. He further submits that if the respondents are not restrained from creating third party interest over the property in question, then the very purpose of filing the appeal would be frustrated, as there would be no property left which could be demarcated. 2025:UHC:4306 4. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to Appellate Court/Commissioner, Kumaon Division to decide the appeal filed by appellant, as early as possible. During the pendency of the appeal, parties shall not change the nature of the land in question nor create any third party interest. (Manoj Kumar Tiwari, J.) 22.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.26 00:37:02 -07'00'