WPMS No. 2055 of 2019

WPMS No. 2056 of 2019

Hon’ble Manoj K. Tiwari, J.

Heard Mr. Neeraj Garg, learned counsel

for the petitioner and Mr. D.S. Bisht, learned

Brief Holder for the State of Uttarakhand.

Petitioner filed a suit for partition,

under Section 176 of UPZA&LR Act in the

Court

of

Assistant

Collector

1^st

Class,

Dehradun, which is registered as Suit No. 44

of 2013-14. An ex parte preliminary decree

was passed by the trial court on 27.05.2015.

Subsequently, an application seeking recall

of the said order was filed by respondent No.

2 – Mr. Kuldeep Singh and proceeding of the

said

suit

was

thus

revived,

however,

according

to

learned

counsel

for

the

petitioner, no progress has been made in the

suit thereafter.

Learned counsel for the petitioner

further submits that in respect of same land,

one Sri Sameer Adhikari has subsequently

filed a declaratory Suit No. 25 of 2017-18

under Section 229-B of UPZA&LR Act against

the petitioner, which is also pending before

the same court i.e. Assistant Collector 1^st

Class, Dehradun.

Since no progress is being made in the

disposal

of

the

above

suits,

therefore

petitioner

has

preferred

present

writ

petitions.

According to the petitioner, he is not in

a position to pursue the case in view of his

old age and ill-health, therefore he is seeking

a direction to the court concerned to expedite

hearing of the above referred suits.

Having regard to the fact that petitioner

is an old man of 78 years, these petitions are

disposed of with a direction to the Assistant

Collector 1^st Class, Dehradun to hear and

decide partition Suit No. 44 of 2013-14 along

with Suit No. 25 of 2017-18, as early as

possible, preferably within one year from the

date of production of certified copy of this

order.

(Manoj K. Tiwari, J.)

18.07.2019

Aswal