HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2056 of 2025 (M/S) Shadab and others ….......Petitioners Vs. State of Uttarakhand and others …..... Respondents Present : Mr. S.C. Burman, Advocate for the petitioners. Mr. Mohit Maulekhi, Brief Holder for the State of Uttarakhand/respondent nos.1 to 3. Mr. Manish Kumar, Advocate holding brief of Mr. Ashish Joshi, Advocate for respondent no.4. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The petitioners claim that they are the owners of a property bearing No.24/1, recorded in Nagar Nigam revenue record, situated in Gandhi Road, Dehradun. The petitioner has constructed a shop on the property. Original Suit No.273 of 2024 (“the civil suit”) has been filed against the petitioners by the private respondents claiming the property as their own. The petitioners are contesting the civil suit, but the private respondents are harassing and abusing the petitioners to vacate their land and, thereafter, the petitioner has given a representation to the District Magistrate, Dehradun on 01.07.2025. The petitioners seek directions to the District Magistrate that he may decide the representation and till the civil suit is decided, status quo may be maintained. 2. Heard learned counsel for the parties and perused the record. 2 3. Learned counsel for the petitioners would submit that the petitioners are the owners in possession of the property, with regard to which, a civil suit is filed against them by the private respondents, but the private respondents are threatening the petitioners to vacate the land; the petitioners have given a representation to the District Magistrate, Dehradun. Therefore, the District Magistrate, Dehradun may be directed to take a decision on the representation and this Court may pass an order of status quo till the original suit is decided. 4. Learned State Counsel would submit that the petitioners have a private dispute with the private respondents, with regard to which, civil suit is already pending. The petitioners may claim their relief in the civil suit by way of filing counter claim or in any manner, as they may be advised. 5. The representation of the petitioner, as allegedly given to the District Magistrate, Dehradun is Annexure No.2 to the writ petition. It gives history of the property-in-dispute since 1963, as to who owned it and how it was transferred, etc. The petitioners by way of their representation seek high level inquiry. 6. The petitioners are pursuing their rights in the private land. They claim ownership of the property-in-dispute. If the civil suit has been filed against the petitioners by the private respondents, undoubtedly the petitioners may seek redressal of their grievance in the civil suit. They may file counter claim, if they are so advised. They may take such other relief, as is permissible under law. If the petitioners seek status quo with regard to the property, which is subject matter to the civil suit, the petitioner is 3 always free to file such application before the civil court, where the civil suit is pending. In so far as the representation is concerned, it is not obligatory under any statute for the District Magistrate to conduct such inquiry. The dispute is private in nature. The civil suit is already pending. Therefore, there is no reason to make any interference in this petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 7. The petition is dismissed in limine. (Ravindra Maithani, J.) 24.07.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f 54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A 087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.07.25 16:59:19 +05'30'