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
-
writ petitions
-
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
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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.
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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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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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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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