Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4890 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 1771/2026
Hon’ble Manoj Kumar Tiwari, J.
Mr. Dinesh Gahatori, Advocate, for the petitioners.
Mr. V.D. Bisen, Additional CSC, for the State.
(2) By means of this writ petition, petitioners have sought the following reliefs:
“i) Issue a writ in the nature of certiorari calling for record and quashing the order dated 27.4.2026 (Annexure No. 1, Page 16 to 19) passed by the respondent no. 1 ignoring the provisions of law.
ii) Issue a writ in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioners; otherwise the petitioner shall suffer irreparable loss and injury at his verge of retirement.”
(3) According to petitioners, a suit for partition was initially filed by Smt. Chandra Devi (mother of respondent no. 2), which was dismissed by holding that she is not recorded as tenure holder. Thereafter respondent no. 2 filed partition suit, which was dismissed by learned Assistant Collector, Tehri on
23.5.2011. It is contended that in that dismissed suit, an application was filed along with compromise and based on the compromise, a preliminary decree was passed.
(4) Learned State Counsel submits that on 8.6.2015, final decree was passed by the Trial Court in the suit filed by Rakesh Singh (respondent no. 2); the final decree was challenged in Revision No. 01 of 2020- 21, Sarabjeet Singh & Others v. Rakesh
2026:UHC:4890 Singh & Others, and the said revision was dismissed on merit. Thus State Counsel submits that petitioner has remedy under the provisions of Zamindari Abolition and Land Reforms Act.
(5)
Learned Counsel for the petitioners then seeks permission to withdraw the writ petition with liberty to approach the appropriate forum.
(6) Writ petition is, accordingly,
disposed of with liberty to petitioners to approach the appropriate forum. For a period of 15 days, status quo, as regards possession over the land in question, shall be maintained.
(Manoj Kumar Tiwari, J.)
16.6.2026 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2026.06.16 16:56:47 +05'30'
2026:UHC:4890