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2026 DAILYLAW 9100 (UTT)

SURESH PAL v. STATE OF UTTARAKHAND

WPCRL/1466/2026 · 2026-07-29

Alok Mahra

body2026

Judgment text

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UKHC010131782026 2026:UHC:6530 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1466/2026 Suresh Pal --Petitioner Versus State Of Uttarakhand and Others --Respondents Hon'ble Alok Mahra, J. Mr. Deepak Petshali, learned counsel for the petitioner. Mr. N.S. Kaniyal, learned A.G.A. for the State of Uttarakhand. 2. The present Criminal Writ Petition has been filed seeking the following reliefs: (i) Issue a writ, order or direction in the nature of Mandamus directing the respondent police authorities to provide adequate police protection to the petitioner and to ensure that he is not illegally dispossessed from the property except in accordance with due process of law. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to take appropriate legal action against the private respondents in the event they attempt to threaten, harass or dispossess the petitioner otherwise than in accordance with law. 3. Learned counsel for the petitioner submitted that the petitioner has purchased the property by virtue of a registered sale deed and apprehends that the private respondents may illegally dispossess him therefrom. It is, therefore, prayed that appropriate police protection be granted to the petitioner. 4. Having heard learned counsel for UKHC010131782026 2026:UHC:6530 the petitioner and upon perusal of the pleadings, this Court finds that the grievance raised by the petitioner essentially pertains to protection of possession over an immovable property and enforcement of civil rights. The relief sought is purely civil in nature and cannot be converted into a criminal proceeding merely by seeking police protection. 5. The present petition is a glaring example of an attempt to give a criminal colour to what is essentially a civil dispute. The petitioner has an efficacious remedy available before the competent civil court for protection of his alleged possession and other consequential reliefs. 6. Accordingly, finding no merit in the present petition, the same is dismissed. No order as to costs. (Alok Mahra, J.) 29-07-2026 SB