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2025 Supreme(Online)(UK) 972377

HIGH COURT OF UTTARAKHAND
TUSHAR AGARWAL – Appellant
Versus
DISTRICT MAGISTRATE UDHAM SINGH NAGAR – Respondent
WPCRL 1366 / 2025



Legal Category Hierarchy

  • practice and procedure
    • writ petitions
      • writ of mandamus
    • police protection
  • property law
    • mutation of land

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2025:UHC:11676-DB

HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE THE CHIEF JUSTICE SRI G.NARENDAR

AND

HON’BLE SRI JUSTICE SUBHASH UPADHYAY

Writ Petition Criminal No. 1414 2025

31st December, 2025

Panna Vinay Shah -----------Petitioner

Versus

District Magistrate and others ----------Respondents

----------------------------------------------------------------------

Presence:-

Mr. Bhupesh Kandpal, learned counsel for the petitioner.

Mr. J.S.Virk, learned Deputy Advocate General, assisted by Mr.

Rakesh Joshi, Brief Holder for the State.

Mr. Aditya Singh, learned counsel for the respondent nos. 5 to 11.

----------------------------------------------------------------------

JUDGMENT: (per Mr. G.Narendar , C.J.

Learned counsel for the petitioner has filed the

present writ petition with the following prayers:

“(a) A writ, order or direction in the nature of mandamus

directing the respondent nos. 1 and 2 to adequate

protection to the petitioner from the private respondents.

(b) A writ order or direction in the nature of mandamus

directing the respondent no.1 to mutate the name of the

petitioner over the land owned and possessed by the

petitioner.”

2. Learned counsel for the petitioner submits

that he is not pressing the relief no. 2 and his prayer for

protection may be considered.

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2025:UHC:11676-DB

3. Learned counsel for the petitioner submits

that the father of the petitioner was the owner of the land

at Village Khurpia, Tehsil Kichha and after the death of

her father late Jeevan Lal Shah and mother Smt. Sarla

Shah, the petitioner applied for mutation of her name in

the land situated at Village Khurpia and the said

application was allowed on 06.02.2023 by the Tehisldar

Kichha.

4. Learned counsel for the petitioner submits

that the private respondents are trying to take law in

their hands and, as such, prays that the official

respondents may be directed to provide adequate

security to the petitioner.

Per contra

5. , learned counsel for the respondents

submits that the present case has a chequered history

and, in fact, the land belongs to M/s Kesar Sugar

Factory and a Writ Petition No. 997 (M/S) of 2023 is

pending before the Court.

6. Having heard learned counsel for the parties,

liberty is given to the petitioner to move an appropriate

application for protection before the respondent no. 3.

7. The Station House Officer, Police Station

Kichha, District Udham Singh Nagar is directed to

assess the threat, if any, to the life and limb of the

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2025:UHC:11676-DB

petitioner, and provide necessary protection, if it is found

that there is a threat to the life and limb of the petitioner.

8. The writ petition stands ordered accordingly.

(G. NARENDAR, C.J.)

( SUBHASH UPADHYAY, J.)

Dated: 31.12.2025

Kaushal

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