KAILASHI DEVI ALIAS KAILASHI BHATT v. STATE OF UTTARAKHAND
WPMS/1873/2026 · 2026-06-30
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7387 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7387 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010105642026
2026:UHC:5187 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1873/2026
Kailashi Devi Alias Kailashi Bhatt --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Manoj Kumar Tiwari, J.
Mr. Prashant Khanna, Advocate, for the petitioner.
Mr. Ganesh Datt Kandpal, Additional AG, for the State. (2) By means of this writ petition, petitioner has sought the following relief:
“(i) Issue writ order or direction in the nature of Mandamus, directing and commanding the respondent No. 2 to release/return the Original Bank Guarantee/Bond No. 16030000114 to the petitioner in view of the fact that the lease term has already expired in the year 2016, in accordance with law.” (3) According to petitioner, she stood as guarantor in respect of a mining lease, granted to one Sri Bachan Singh Rawat by District Magistrate, Pauri Garhwal, in the year 2014; the term of mining lease was only three years, which came to an end in 2017, however the bank guarantee given by the petitioner is not being released. (4) Learned State Counsel, however, submits that mining dues to the tune of ₹2,05,73,724 are pending against Sri Bachan Singh Rawat, therefore there is no occasion for releasing the bank guarantee in favour of the petitioner, who had stood as guarantor.
UKHC010105642026
2026:UHC:5187 (5)
Learned Counsel for the petitioner submits that the authorities have not taken any step for recovery of the outstanding dues from the mining lease holder i.e. Bachan Singh Rawat, therefore they cannot take any action against the guarantor. It is thus contended that withholding the bank guarantee by the authorities is without any reason or justification, whatsoever. (6)
Learned Counsel for the parties are unanimous on the point that the writ petition can be disposed of by permitting the petitioner to make representation to District Magistrate concerned. Writ petition is, accordingly,
disposed of with liberty to petitioner to make representation to the District Magistrate. If she makes such representation within two weeks from today, District Magistrate concerned shall take decision thereupon, as per law, within ten weeks thereafter.
(Manoj Kumar Tiwari, J.)
30.6.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.30 18:28:18 +05'30'
UKHC010105642026
2026:UHC:5187