Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 9930 (UTT)

AJAY KUMAR JASOLA v. STATE OF UTTARAKHAND

WPMS/2235/2026 · 2026-08-04

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010129912026 2026:UHC:6823 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2235/2026 Ajay Kumar Jasola and another --Petitioners Versus State Of Uttarakhand and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Vishwast Kandpal, Advocate for the petitioners. Mr. S.K. Nailwal, Standing Counsel for the State. Mr. Ashish Joshi, Advocate for respondent No. 2. 2. Petitioner has challenged order dated 16.05.2026, passed by Additional Commissioner, Garhwal Division, Dehradun in Appeal No. 39 of 2025-26. By the said order, learned Appellate Court condoned the delay in filing appeal and directed the parties to maintain status quo. 3. Respondent No. 3 filed a declaratory suit under Section 229-B of Z.A. & L.R. Act. Petitioners filed application under Order 7 Rule 11 of CPC for rejection of plaint which was allowed by Assistant Collector, First Class, Dehradun vide order dated 09.04.2026. 4. Plaintiff in the suit challenged the order dated 09.04.2026 by filing appeal in which the UKHC010129912026 2026:UHC:6823 order impugned has been passed. 5. Perusal of the impugned order reveals that petitioners were on caveat and notice in respect of the appeal was duly served upon petitioners’ counsel. Since there was delay of only 9 days in filing the appeal, therefore, learned Additional Commissioner was justified in condoning the delay. Appellate Court by exercising its discretion directed the parties to maintain status quo, in order to preserve the suit property. Thus there is no scope for interference with the impugned order. 6. The writ petition, however, is disposed of with liberty to petitioner to move appropriate application for vacating the interim order. If petitioner moves such application, the same shall be considered and disposed of by the appellate Court within two weeks from date of making such application. 7. Learned Appellate Court is also requested to make endeavour to decide the appeal filed by respondent No. 3, as early as possible. (Manoj Kumar Tiwari, J.) 04.08.2026 Mahinder