Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6940-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (Criminal) No. 853 of 2025 07th August, 2025
Charanjeet Singh and Others ………..Petitioner Versus
State of Uttarakhand and Others
...…….Respondent ---------------------------------------------------------------------- Presence:- Ms. Medha Pande, learned counsel for the petitioners. Mr. J.S. Virk, learned Deputy A.G. along with Mr. Rakesh Joshi, learned Brief Holder for the State. ----------------------------------------------------------------------
JUDGMENT : (per Mr. G. Narendar C. J.)
Heard learned counsel for the petitioners and learned State counsel.
2.
Learned counsel for the petitioners submits that the 4th respondent and the petitioners are having a dispute with regard to a particular piece of land and the 4th respondent, using his official position, is not permitting the petitioners to carry out their agriculture activities over the land.
3.
Learned counsel would submit that the dispute is a personal dispute between the
2025:UHC:6940-DB 2 petitioners and the 4th respondent, but he is taking advantage of his official position as an S.H.O. and is preventing the petitioners from carrying out the agriculture activities over the land.
4.
The nature of allegations would clearly demonstrate that the relief sought for being in a nature of injunction and that too, arising out of a personal dispute, the forum would be the Civil Court and we are of the considered opinion that the invocation of provisions of Article 226, is unsustainable.
5.
Accordingly, the writ petition is disposed of by reserving liberty to the petitioners to approach the competent Civil Court.
(G. NARENDAR, C. J.)
(ALOK MAHRA, J.) Dated: 07.08.2025 Mamta