Najeer Ahamad vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought the indulgence of this Court for a direction to respondents to stop the respondents to construction work of the Nala at the petitioner’s land in-question till the final disposal of the Original Suit No.342 of 2021, pending before the Court of learned Civil Judge (Senior Division), Dehradun and Hon’ble Court of Board of Revenue in Revision No.896 of 2022-2023 and Miscellaneous Appeal No.67 of 2022, pending before the Court of learned District Judge, Dehradun.

It is contended by learned counsel for the petitioner that the predecessors of the petitioner were issued a Patta in respect of land in-question and when the possession of the petitioner was allegedly taken by the respondents, petitioner filed an Original Suit No.342 of 2021 Mohd. Najeer Vs. Commandant ITBP, Seemadwar Dehradun and Others, before the Court of learned Civil Judge (Sr. Div.), Dehradun for injunction. In the said suit, an application for temporary injunction was moved, but the said application was rejected vide order dated 31.05.2022. Against the order of rejection of the temporary injunction application, a Miscellaneous Appeal No.67 of 2023 was preferred in the Court of learned District Magistrate, Dehradun, which according to learned counsel for the petition is still pending for disposal.

Despite pendency of the aforesaid appeal, petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India.

This Court cannot pass any order in a matter which is still subjudice before the Court of learned District Magistrate, Dehradun, therefore, the present writ petition is misconceived.

Accordingly, the writ petition is dismissed in-limine.