Remanded

Ashok Singh Bhandari v. State of Uttarakhand

Uttarakhand HC15 Nov 2021WPMS/2374/2021

Case brief

AI extract

What is this about?

In this interim order, the Chief Justice held a prima facie case for adverse possession was out due to lack of pleadings. The Court issued a rule nisi and granted a stay on the underlying suit pending proceedings below.

What did the court decide?

Stay on further proceedings of suit no. 22/06 of 2019-20 pending before Assistant Collector. Notice issued to respondent no.1 & 4.

Ashok Singh Bhandari Vs State of Uttarakhand — Uttarakhand HC (2021) — LawSathi Research

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPMS No. 2376 of 2021 Shri S.K.Mishra, J.
			Mr. T. A. Khan, learned Senior Counsel, assisted by Mr. Vinay Bhatt, for the petitioner. Mr. Yogesh Chandra Tiwar, learned Standing Counsel for the State. Mr. Devesh Bishnoi, learned counsel for the respondent no.3. Having heard Mr. Tanveer Alam Khan, learned Senior Counsel, assisted by Mr. Vinay Bhatt, learned counsel for the petitioner; Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State/respondent no.2; and Mr. Devesh Bishnoi, learned counsel for the respondent no. 3, this Court is of the opinion that a prima facie_case for issuance of notice and grant of interim order is made out, as there is singular lack of pleadings regarding different ingredients required to be established in the case of adverse possession. Keeping in view the facts of the case, issue_rule nisi. Notice be issued to the respondent no. 1 & 4. Requisites for issuance of notice on the opposite parties through registered post/speed post, acknowledgement due, be filed within ten days.

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Notice be made returnable within eight weeks.
Call for lower court records in the shape of scanned/photo state copy in the meantime.
The matter may be listed on 11^th January, 2022. In the meantime, it is directed that
further proceedings of suit bearing no.
22/06 of 2019-20, pending before the
Assistant Collector, 1^st Class,/Deputy
Collector, Kashipur, District Udham Singh Nagar, shall remain stayed. IA 1 of 2021 (Stay Application) stands disposed of. (S.K.Mishra,J.) 15.11.2021 KKS

Ashok Singh Bhandari v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Ashok Singh Bhandari v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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