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2025 DAILYLAW 9394 (UTT)

ADARSH VIKAS SAMITI PANUWA v. BHIPARI DEVI ALIAS PIPARI DEVI

WPMS/2210/2025 · 2025-07-31

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6724 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 31.07.2025 WPMS/2210/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Kothari, Advocate for the petitioner. 2. Petitioner has challenged order dated 28.03.2025, passed by Tehsildar Kalsi, District Dehradun, in Case No. 91/2023-24. By the said order, the restoration application filed by respondent was allowed and the mutation proceedings were revived, and notice was issued to all the parties to the mutation proceedings. Petitioner contends that the restoration application was allowed without notice to the petitioner. 3. This Court is not inclined to interfere with the impugned order, as the lis has not been decided and only the mutation proceedings were revived. Law is well settled that a lis has to be decided after hearing both the parties. 4. Since respondent could not have her say in the matter, therefore, she moved application for restoring the case. The Tehsildar was, therefore, justified in restoring the mutation proceedings. Thus, there is no scope for interference. 5. The writ petition fails and is dismissed. This Court hopes and expects that the mutation proceedings shall be decided as early as possible, preferably, within four months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J.) 31.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653 D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.01 10:22:38 +05'30'