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2026 DAILYLAW 7057 (UTT)

SARDAR BAHADUR SINGH v. STATE OF UTTARAKHAND

WPMS/1519/2026 · 2026-06-16

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:4853 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1519/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. S.K. Mandal, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. 2. According to petitioner, he is bhumidhar in respect of agricultural land situate in village Anandpur, Tehsil Kichha, District Udham Singh Nagar. 3. Grievance raised by petitioner is that revenue authorities have dug up his agricultural field and constructed a water channel, due to which his holding has been bifurcated into two pieces. 4. By means of this writ petition, petitioner has sought the following relief: “Issue a writ order or direction in the nature of mandamus directing and commanding the respondents to restore the original position of Plot Khasra No. 49, 50, 52 & 46 of the petitioner, situated in Village Anandpur, Tehsil Kichha, District Udham Singh Nagar, expeditiously, within definite span of time.” 5. Learned State Counsel, however, refers to order dated 29.09.2022, passed in Writ Petition (MS) No. 2435 of 2022 and submits that petitioner in that writ petition had sought 2026:UHC:4853 a direction to the authorities to open the river blocked by Sardar Bahadur Singh and in terms of the order passed by coordinate Bench of this Court, the revenue authorities have channelized the river. 6. Thus, learned State Counsel submits that petitioner has raised disputed questions of fact which cannot be decided in a writ petition and if he wants restoration of his agricultural field to its original shape, then petitioner should approach the competent Civil Court. 7. This Court finds substance in the submission made by learned State Counsel. 8. Petitioner wants restoration of the agricultural field as it was before channelization of the water stream/river. As such, this Court is of the considered opinion that having regard to the disputed questions involved in the matter, writ proceedings would not be proper for deciding such issues. 9. The writ petition is, accordingly, disposed of with liberty to the petitioner to approach the competent civil Court. (Manoj Kumar Tiwari, J.) 16.06.2026 Mahinder/