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2025 DAILYLAW 8051 (UTT)

ANIL KISHORE JOSHI v. COLLECTOR TEHRI GARHWAL

WPMS/1800/2025 · 2025-06-26

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:5434 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1800/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Arun Pratap Shah, learned counsel for the petitioner. 2. Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. V.K. Kaparuwan, learned counsel for the respondent no. 2. 4. Petitioner has filed WPMS No. 1799 of 2025, seeking the following reliefs:- (i) Quashing/set-aside the order dated 27.03.2024 (contained in Annexure No. 8) passed by learned District Judge, Tehri Garhwal in LAR Case No. 1 of 2023 “Anil Kishore Joshi vs. Collector & anr.” Whereby money withdrawal application paper No. 56Ga has been dismissed. (ii) Allow the money withdrawal application paper 56Ga and issue direction or order to respondent No. 1 to release the Rs. 86,24,888.00 (Rs. Eighty six lakhs twenty four thousands eight hundred eighty eight only) in favour of petitioner with interest. 5. In the present writ petition, petitioner has sought the following relief:- (i) Issue direction or order to expedite the disposal of the LAR case No. 1 of 2023 “Anik Kishore Joshi Vs. Collector, Tehri Garhwal & anr.” Pending before learned District Judge, Tehri Garhwal within two months. 6. From conjoint reading of the prayers made in the two writ petitions, it is revealed that in one case, petitioner has sought quashing of an order passed in LAR Case No. 1 of 2023 and in present 2025:UHC:5434 writ petition, he has sought a direction to expedite hearing of LAR Case No. 1 of 2023. 7. Since this Court has entertained the challenge thrown by petitioner to order dated 27.03.2024 passed in LAR Case No. 1 of 2023, therefore, this Court does not consider it prudent to issue any direction to the District Judge, Tehri Garhwal to decide the said case expeditiously. 8. Accordingly, the writ petition is dismissed. However, petitioner shall be at liberty to approach this Court again as and when cause of action arises. (Manoj Kumar Tiwari, J) 26.06.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d136951 2ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1F E58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.26 07:22:55 -07'00' 2025:UHC:5434