High CourtsDivision Bench(2022) 05 UK CK 0041

Umesh Kumar vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 12 May 2022

HON’BLE JUDGES
S.K. Mishra, J · R.C. Khulbe, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 2281 Of 2021

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Judgment

7 paragraphs · 189 words

S.K. Mishra, J

1.

An interim order was passed by a Coordinate Bench of this Court on 20.12.2021, which also included protection of the property. It is brought to our notice by Mr. Aditya Singh, the learned counsel appearing for the private respondent (i.e. respondent No. 5), that a civil suit is pending between the parties as regards the same property, and the application, filed for a temporary injunction, has already been rejected.

2.

Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, submits, with reference to a General Diary Entry dated 15th June, 2022 and on instructions, that the petitioners does not require protection for his life, but asks for police protection whenever he enters the disputed property.

3.

In that view of the matter, we are of the opinion that the present writ petition is not maintainable as the dispute is civil in nature.

4.

Hence, the writ petition is dismissed being devoid of any merit.

5.

In sequel thereto, pending application, if any, also stands disposed of.

6.

Urgent certified copy of this order be issued to the parties, as per Rules.