Extracted from the PDF above. The PDF is authoritative.
2026:UHC:244 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/3782/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Ankit Bisht, learned counsel for the petitioner.
2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of Uttarakhand.
3. Mr. H.V. Dhanik, learned counsel for the caveator.
4. Petitioner has challenged an interim
order dated 18.12.2025 passed by Sub- Divisional Magistrate, Bajpur, District Udham Singh Nagar in proceedings under Section 164 B.N.S.S. By the said
order, parties to the dispute were restrained from harvesting the standing crop on the land in question.
5. Petitioner contends that he is the owner of land and if permission to harvest the standing crop is denied, it will result in huge loss, as the crop is perishable.
6.
Learned counsel for respondent no. 3, however, submits that respondent no. 3 is legally wedded wife of petitioner and she is in possession over the land in question. He further submits that since the order impugned is interim in nature and next date fixed in the matter is 12.01.2026, therefore, petitioner should have awaited for decision in the proceedings pending before Sub- Divisional Magistrate and he should not have rushed to this Court challenging an
2026:UHC:244 interim arrangement.
7. This Court finds substance in the submission made by learned counsel for the respondents. Since the next date fixed in the matter, pending before Sub- Divisional Magistrate, is 12.01.2026, therefore, the writ petition is disposed of with liberty to petitioner to make a request to Sub-Divisional Magistrate concerned for final order in the pending proceedings on the next date fixed in the matter.
(Manoj Kumar Tiwari, J)
06.01.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9 802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F 5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.06 04:03:00 -08'00'
2026:UHC:244