Allowed¶18

Meenakshi Alias Sunita v. Govind Prasad

Uttarakhand HC3 Nov 2025WPMS/3050/2025

Case brief

AI extract

What is this about?

Time-bound disposal direction; writ petition allowed by Uttarakhand High Court, Nainital (Pankaj Purohit, J.) on 03.11.2025 in Writ Petition Misc. Single No. 3050 of 2025; Revenue Suit No.20 of 2019 under Section 176 U.P. Zamindari Abolition and Land Reform Act, 1951 before Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal; suit ex-parte against almost 151 defendants after service by publication (16.05.2025) and non-filing of written statement (order dated 30.09.2025); decision directed within six months of certified copy.

What did the court decide?

Direction to the learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, to decide Revenue Suit No.20 of 2019 (Smt. Minakshi @ Sunita vs. Govind Prasad and Others) expeditiously, but not later than six months from the date of production of certified copy of the order.

Meenakshi Alias Sunita Vs Govind Prasad — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue to the learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, to decide Revenue Suit No.20 of 2019, filed under Section 176 of the U.P. Zamindari Abolition and Land Reform Act, 1951, expeditiously within a time frame.

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Court's answer

Since the Revenue Suit had proceeded ex-parte against the respondents-defendants, the Court held that a direction could be issued to the learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, for expeditious hearing of the suit.

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Ratio / Principle

The present writ petition is allowed.

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Key takeaways

The learned Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal, is directed to decide Revenue Suit No.20 of 2019, Smt. Minakshi @ Sunita vs. Govind Prasad and Others, expeditiously.ratio¶18
The decision of the Revenue Suit is to be rendered not later than six months from the date of production of certified copy of the order.ratio¶18

Detailed headnote1 paragraphs

Uttarakhand High Court, Nainital (Pankaj Purohit, J., oral; neutral citation 2025:UHC:9675) allowed a writ petition by Meenakshi alias Sunita seeking a direction for expeditious disposal of Revenue Suit No.20 of 2019 (Smt. Minakshi @ Sunita vs. Govind Prasad and Others), instituted in 2019 under Section 176 of the U.P. Zamindari Abolition and Land Reform Act, 1951 before the Assistant Collector-1st Class, Kotdwar, District Pauri Garhwal. With almost 151 defendants served through publication on 16.05.2025 and none filing a written statement, the suit had proceeded ex-parte vide order dated 30.09.2025 and was fixed for 25.11.2025 for filing of the Haq List. Holding that a direction could issue once the suit stood ex-parte against the defendants, the Court directed the Assistant Collector to decide the suit expeditiously, and not later than six months from the date of production of a certified copy of the order.

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2025:UHC:9675

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition Misc. Single No. 3050 of 2025 03 November, 2025

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Meenakshi Alias Sunita --Petitioner

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Versus

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Govind Prasad and Ors. --Respondents

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Presence :-

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Mr. B.D. Upadhyaya, learned senior counsel assisted by Mr. Tushar Upadhyaya, learned counsel for the petitioner-plaintiff.

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Hon’ble Pankaj Purohit, J. (Oral)

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By means of the present writ petition, petitioner-plaintiff has sought a direction for the learned Assistant Collector-1^st Class, Kotdwar, District Pauri Garhwal, to decide the Revenue Suit No.20 of 2019 Smt. Minakshi @ Sunita Vs. Govind Prasad and Others , filed under Section 176 of the U.P. Zamindari Abolition and Land Reform Act, 1951, expeditiously within a time frame.

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Learned senior counsel for the petitionerplaintiff contends that the Revenue Suit was filed by the petitioner-plaintiff in the year 2019. He further contends that since there are almost 151 respondents-defendants in the said Suit, when they could not have been served, the services were effected upon them through publication.

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Learned senior counsel for the petitionerplaintiff supplied to this Court order sheet of the said Revenue Suit during the course of hearing, which is taken on record. From perusal of the said order

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2025:UHC:9675

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sheet, it is reflected that the publication was made upon the respondents-defendants on 16.05.2025 and the matter was adjourned for filing of the written statement by the respondents-defendants.

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When no written statement has been submitted by any of the respondents-defendants, the Revenue Suit was proceeded ex-parte vide order dated 30.09.2025 and the matter was fixed for 25.11.2025 for filing of the Haq List .

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Since, the matter was proceeded ex-parte against the respondents-defendants, in this view of the matter, this Court thinks that the direction can be issued to the learned Assistant Collector-1^st Class, Kotdwar, District Pauri Garhwal, for expeditious hearing of the aforesaid Revenue Suit.

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Accordingly, the present writ petition is allowed. Learned Assistant Collector-1^st Class, Kotdwar, District Pauri Garhwal, is directed to decide the Revenue Suit No.20 of 2019 Smt. Minakshi @ Sunita Vs. Govind Prasad and Others , expeditiously but not later than six months from the date of production of certified copy of this order.

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( Pankaj Purohit, J .) 03.11.2025

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Meenakshi Alias Sunita v. Govind Prasad

Case brief

What is this about?

What did the court decide?

Meenakshi Alias Sunita v. Govind Prasad

Case brief

What is this about?

What did the court decide?

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What the court decided

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