Back
2025 Supreme(Online)(UK) 3171
HIGH COURT OF UTTARAKHAND
DHRUV PANT – Appellant
Versus
DISTRICT MAGISTRATE DISTRICT NAINITAL – Respondent
WPMS 3147 / 2025
SL. N o.
D a t e
Office N ot e s, r e por t s, or de r s or pr oce e dings or dir e ct ion s a nd Re gist r a r ’s or de r w it h Signa t ur e s
COU RT’S OR JU D GE’S ORD ERS
( H ( ( W PM S 3 1 4 7 / 2 0 2 5 on’ble M a noj Kum a r Tiw a r i, J. Mr. Jai Krishna Pandey, Advocat e, for t he pet it ioners. Mr. Suyash Pant , St anding Counsel, for t he St at e. Dist rict Magist rat e, Nainit al has ( 2) passed an order on 13.8.2025. By t he said order, it is provided t hat m ut at ion of nam e of any person shall not be done in t he revenue record in respect of t he land com prised in Khat a No. 00105, Village Mukhani ( C.T.) , Pargana Bharav Chhah Khat a, Tehsil Haldwani, Dist rict Nainit al. 3) I t is not in disput e t hat t he t it le disput e regarding t he aforesaid land was pending before Civil Judge in a suit , w hich was decided against t he vendor of pet it ioners; vendor of pet it ioners filed first appeal, which is pending before t his Court , in which som e int erim order was passed; pet it ioners have purchased t he land while t he t it le disput e was pending bet ween pet it ioners’ vendor and som e ot her person. ( 4) Learned Counsel for t he pet it ioners subm it s t hat t he land purchased by t he pet it ioners is different from t he propert y involved in t he first appeal pending before t his Court . 5) Learned St at e Counsel, however, disput es t he said subm ission and subm it s t hat pet it ioners have knowingly purchased a propert y which is subj ect m at t er of a disput e pending before t his Court . This Court do not find any reason 6) t o int erfere w it h t he im pugned order passed
1 ( by t he Dist rict Magist rat e. The Dist rict Magist rat e has im posed ban on m ut at ion t o prevent creat ion of t hird part y int erest over t he propert y, w hich is subj ect m at t er of first appeal, which is j ust and proper. Even ot herw ise also, m ut at ion of nam e in revenue record neit her creat es nor ext inguishes t it le. I f pet it ioner has becom e owner of t he land purchased by him t hrough a regist ered sale deed, t hen no one can quest ion his ownership m erely because his nam e is not m ut at ed. Once t he t it le disput e is set t led by coordinat e Bench of t his Court in t he pending first appeal, t hen it shall be open for t he pet it ioners t o get t heir nam e m ut at ed in t he revenue record by m oving appropriat e applicat ion. Wit h t he aforesaid observat ions, 7) t he writ pet it ion st ands disposed of. ( M a n oj Kum a r Tiw a r i, J.) 3 .1 1 .2 0 2 5 Pr Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, PRABODH KUMAR cn=PRABODH KUMAR Date: 2025.11.14 10:39:05 +05'30'
