Allowed¶19

Robin Kumar Sharma v. District Magistrate Nainital

Uttarakhand HC9 Sept 2025WPMS/2621/2025

Case brief

AI extract

What is this about?

Uttarakhand High Court; Article 227 Constitution of India; writ petition; right of speedy justice fundamental right; expeditious disposal; direction to Assistant Collector Haldwani; Revenue Case No.22/245 of 2019-20; Robin Kumar Sharma Vs. State of Uttarakhand and Others; ex-parte proceedings; evidence not recorded; six-month outer limit; three-month condition for petitioner's evidence; 2025:UHC:7963; decided 09 September 2025.

What did the court decide?

Direction to the learned Assistant Collector, Haldwani, to decide Revenue Case No.22/245 of 2019-20, Robin Kumar Sharma Vs. State of Uttarakhand and Others, expeditiously within six months from the date of production of certified copy of the order, provided the petitioner-plaintiff completes his evidence within three months. ¶19

Robin Kumar Sharma Vs District Magistrate… — Writ and Judicial Review | Uttarakhand HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the learned Assistant Collector, Haldwani, should be directed to decide Revenue Case No.22/245 of 2019-20 (Robin Kumar Sharma Vs. State of Uttarakhand and Others) expeditiously.

¶12

Court's answer

Under the Constitution of India, the right of speedy justice is a fundamental right; directing the learned Assistant Collector, Haldwani, to decide the revenue case expeditiously would meet the ends of justice for the petitioner-plaintiff.

¶18

Ratio / Principle

Writ petition allowed; the learned Assistant Collector, Haldwani, is directed to decide Revenue Case No.22/245 of 2019-20 (Robin Kumar Sharma Vs. State of Uttarakhand and Others) expeditiously within six months from the date of production of certified copy of the order, provided the petitioner-plaintiff completes his evidence within three months.

¶19

Detailed headnote1 paragraphs

High Court of Uttarakhand at Nainital (Pankaj Purohit, J., oral) allowed a writ petition under Article 227 of the Constitution of India seeking expeditious disposal of Revenue Case No.22/245 of 2019-20 (Robin Kumar Sharma Vs. State of Uttarakhand and Others), instituted on 04.11.2019 before the Assistant Collector, Haldwani and proceeding ex-parte since the order dated 21.07.2022, where ex-parte evidence remained unrecorded owing to the Presiding Officer's non-availability on most dates. Holding that the right of speedy justice is a fundamental right under the Constitution of India, the Court directed the Assistant Collector, Haldwani, to decide the revenue case expeditiously within six months from production of the certified copy of the order, subject to the petitioner-plaintiff completing his evidence within three months.

¶1

2025:UHC:7963

¶2

HIGH COURT OF UTTARAKHAND AT NAINITAL

¶3

Writ Petition Misc. Single No. 2621 of 2025 09 September, 2025

¶4

Robin Kumar Sharma --Petitioner

¶5

Versus

¶6

District Magistrate Nainital and Ors. --Respondents

¶7

Presence :-

¶8

Mr. Saurabh Kumar Pandey, learned counsel for petitioner-plaintiff.

¶9

Mr. Anil Dabral, learned Additional C.S.C. with Mr. Sudhir Nainwal, learned Standing Counsel for the State of Uttarakhand/respondent No.1.

¶10

Ms. Anjali Bhargava, learned counsel for respondent No.2-Gram Sabha.

¶11

Hon’ble Pankaj Purohit, J. (Oral)

¶12

This writ petition under Article 227 of the Constitution of India has been filed by the petitioner for a direction to the learned Assistant Collector, Haldwani, to decide the Revenue Case No.22/245 of 2019-20 Robin Kumar Sharma Vs. State of Uttarakhand and Others , expeditiously.

¶13

It is the case of the case of the petitionerplaintiff that the Revenue Case No.22/245 of 2019-20 Robin Kumar Sharma Vs. State of Uttarakhand and Others , was instituted by him on 04.11.2019. The suit was directed to be proceeded ex-parte vide order dated 21.07.2022, as the respondent Nos.3 and 4 even after service of notice by way of order of publication on 21.07.2022 did not appear before the learned Trial Court. After proceeding of the suit ex-parte , several dates have been given for recording of the evidence of the petitionerplaintiff.

¶14

¶15

2025:UHC:7963

¶16

It is further contended by him that most of the dates, learned Presiding Officer was not available and for that reason, the ex-parte evidence could not be recorded on the side of the petitioner-plaintiff.

¶17

From perusal of the record, it is reflected that various dates has been given, but ex-parte evidence of the petitioner-plaintiff has not been recorded so far.

¶18

Since, under the Constitution of India, the right of speedy justice is a fundamental right, therefore, if the learned Assistant Collector, Haldwani, is directed to decide the above revenue case expeditiously, the ends of justice would be met to the petitioner-plaintiff.

¶19

Accordingly, the present writ petition is allowed. Learned Assistant Collector, Haldwani, is directed to decide the Revenue Case No.22/245 of 201920 Robin Kumar Sharma Vs. State of Uttarakhand and Others , expeditiously within a period of six months from the date of production of certified copy of this order, provided the petitioner-plaintiff completes his evidence within three months.

¶20

¶21

PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.09.09 15:54:29 +05'30'

¶22

Robin Kumar Sharma v. District Magistrate Nainital

Case brief

What is this about?

What did the court decide?

Robin Kumar Sharma v. District Magistrate Nainital

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Deltas Pharma (Earlier Name Padmawati) Vs Smt. Adesh Kumari

Manish Batra Vs Priya Bhardwaj Batra

M/S L.V Heat Exchangers, Vs Employees State Insurance Corporation

Shailendra Mohan Singhal Vs Ramesh Prakash Singhal

Hardeep Singh Vs State of Uttarakhand

Mohd Akhlaq Siddiqui Vs Vaibhav Goyal