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2026 DAILYLAW 9058 (UTT)

SURENDRA SAGAR v. STATE OF UTTARAKHAND

WPMS/1820/2026 · 2026-07-29

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010103582026 2026:UHC:6560 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1820/2026 Surendra Sagar & Another --Petitioners Versus State of Uttarakhand & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. B.D. Pande, Advocate, for the petitioners. Mr. Ghanshyam Joshi, Additional CSC, for the State. (2) By means of this writ petition, petitioners have sought the following relief: “i. Issue a writ, order or direction in the nature of mandamus directing the Respondents to unseal the sealed portion of the dwelling house of the petitioners” (3) Learned Counsel for the petitioners submits that the house in question is used solely for residential purpose and no other activity is being carried out in the said house. He submits that the allegation that the house is being used for religious congregation or as a church is incorrect. He submits that petitioners are ready to give an undertaking before the authorities that the house will be used only for residential purpose and petitioners will abide by whatever conditions are imposed by the concerned authority. (4) In para 3 of the supplementary affidavit dated 11.7.2026, filed by the petitioners, following statement is made: “3. That the Petitioners were not carrying on any public prayer in the sealed UKHC010103582026 2026:UHC:6560 premises even at the time of sealing of the house/portion of the residential house; however, the Petitioners voluntarily undertake that they shall not, in future, use the said residential premises for any public prayer or religious congregation, nor shall the premises be used as a church., which is being alleged by the respondents while sealing the house/residential building.” (5) Having regard to the statement made by learned Counsel for the petitioners and also the averment made in para 3 of the supplementary affidavit, filed by the petitioners, writ petition is disposed of by directing Sub Divisional Magistrate to deseal the residential house of the petitioners, subject to their furnishing an undertaking that they will not use the said property for any other purpose except residential. (6) Order regarding desealing shall be passed by the SDM within three days of furnishing written undertaking in the form of affidavit before him. However, it is made clear that this order will not affect the proceedings, if any, initiated against petitioners under Zamindari Abolition & Land Reforms Act or BNSS. (Manoj Kumar Tiwari, J.) 29.7.2026 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: 2026.07.29 17:04:59 +05'30' UKHC010103582026 2026:UHC:6560