UKHC010128022026 2026:UHC:6451 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2202/2026 Sabir Ali --Petitioner Versus State of Uttarakhand & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Pawan Mishra, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. (2) A recovery citation has been issued against the petitioner by Tehsildar, Dehradun. Petitioner has challenged the recovery citation by relying upon Section 357(2) of Code of Criminal Procedure, which is extracted below: “If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented, before the decision of the appeal.” (3) Learned Counsel for the petitioner submits that even though petitioner was convicted for the offence punishable under Section 302 IPC and the Trial Court had directed for payment of rupees one lakh as compensation by the petitioner to the children of the deceased, however, since petitioner has filed appeal, challenging his conviction and sentence, therefore, the amount of compensation is not recoverable as arrears of land revenue. (4) Learned State Counsel submits UKHC010128022026 2026:UHC:6451 that petitioner has directly rushed to this Court, without apprising the Tehsildar about the provision contained in Section 357(2) of Code of Criminal Procedure. He submits that writ petition is pre-mature. (5) Writ petition is, accordingly, disposed of with liberty to petitioner to make representation before the Tehsildar, apprising him about the pendency of appeal, if any, filed by him. If petitioner makes such representation within one week from today, Tehsildar concerned shall examine the issue raised by the petitioner and pass appropriate order, as per law, within two weeks thereafter. For a period of three weeks, no coercive action shall be taken against the petitioner pursuant to impugned recovery citation. (Manoj Kumar Tiwari, J.) 28.7.2026 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: 2026.07.28 17:25:52 +05'30' UKHC010128022026 2026:UHC:6451