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Jeet Sinha

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IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

INDEX

WRIT PETITION (CIVIL) NO. ____ OF 2021
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

Mr. Gopal

…………Petitioner.

Versus

The State of Uttarakhand.

………….Respondents.

Sub: for quashing the preliminary order of the Civil Judge (Sr. division) dated 20.10.2021 on ISSUE 1

INDEX

Sl. No.	Particulars of Papers	Page no
	Index	1-2
	Memo of parties	3
	Synopsis and List of Events	4-6
	Court Fees	7
	Writ petition	8-12
	Affidavit	13-14
	Vakalatnama	15-16
	Annexure 1	17-18
	Annexure 2	19
	Annexure 3	20

Dated: 07.11.2021 Jeet Sinha

Advocate

(Counsel for Petitioner)

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

Writ Petition No._____ of 2021

(Under Article 226 of the Constitution of India)

Mr. Gopal

Petitioner

Versus

State of Uttarakhand

Respondent

MEMO OF PARTIES

PETITIONER DETAILS:

Mr. Gopal, S/o Mr. Shyam, Aged about 38 years, Resident of DP Mall, House no. 12E, P.O. & P.S. –Dehradun, District:- Dehradun, Uttarakhand

RESPONDENT DETAILS:

State of Uttarakhand

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

SYNOPSIS AND LIST OF EVENTS

Writ Petition No._____ of 2021

(Under Article 226 of the Constitution of India)

Mr. Gopal

…………Petitioner

Versus

The State of Uttarakhand

……….Respondent

SYNOPSIS

The fairness of trial is an important aspect of any proceeding. It involves that the right court empowered with the jurisdiction shall try and decide a dispute. In the instant case the petitioner is having a land in Dehradun. Mr. Hemant filed Civil Suit before Civil Judge (Senior Division), Dehradun for ownership and possession of the said land. Mr. Gopal challenged the jurisdiction of the civil court as civil court is barred from the jurisdiction trying the dispute. The court dismissed this pleading of the petitioner and had decided Preliminary Issue no. 1.

DATE	EVENT
28.08.2001	Mr. Gopal Purchased the land from Mr. Sourav in Rishikesh.
02.04.2006	Mr. Gopal had constructed temporary rooms over there.
14.09.2009	Mr. Gopal has given his temporary rooms to the student bachelors.
12.12.2010	Mr. Gopal gets the permanent electricity and gas connection over there.
20.05.2015	Mr. Gopal started to construct permanent house for permanently settle over there in that part of Rishikesh.
22.07.2016	Due to financial problem Mr. Gopal has given the land on the lease to Mr. Hemant for 5 years.
12.05.2021	Dispute about ownership of the property started between Mr. Hemanth and Mr. Gopal as the lease period is about to end.
28.08.2021	Mr. Hemant filed a civil suit in the court of civil judge (Senior Division), Dehradun.
20.10.2021	The Civil court (Senior Division) decided the dispute without having the jurisdiction.

Dated: – 07.11.2021 Jeet Sinha

Advocate (Counsel for Petitioner)

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

COURT FEES

WRIT PETITION (CIVIL) NO. ____ OF 2021
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

Mr. Gopal …………Petitioner.

Versus

The State of Uttrakhand & Others. ………….Respondents.

COURT FEE

TOTAL= Rs. 500/-

UTTRAKHAND

Dated: 08.09.2021 Jeet Sinha

Advocate

(Counsel for Petitioner)

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

WRIT PETITION (CIVIL) NO. ____ OF 2021
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

Writ Petition filed under Article 226 of the Constitution of India, 1950.

In the matter of:

Mr. Gopal

…………Petitioner.

Versus

The State of Uttarkhand

………….Respondents.

THE HON’BLE CHIEF JUSTICE

AND OTHER HON’BLE JUDGES

OF THE HIGH COURT UTTRAKHAND.

The humble petition on behalf of the petitioners above named.

THE PETITIONER NAMED ABOVE MOST RESPECTFULLY SHEWETH AS UNDER:

That the present Writ petition, the Petitioner filed the writ petition invoking the writ jurisdiction under Article 226 of Constitution of India as the Civil Court (Senior Division) has no power to try the dispute.
That the Petitioner is having land in the Rishikesh. Located at Indian Mall, Building no. 3A, JC Road, Dehradun. Having its boundary in East as: – SM Garage, West: – Khajna Resturant, North: – Mr. Sohan Residency and South: – Mr. Sumit Residency.
That the Petitioner purchased the land on 28.08.2001 from Mr. Sourav which is attached as {Annexure 1}. The electricity bill and the gas bill are also been paid by Mr. Gopal starting from the year 12.12.2010. {Annexure 2}.
That Petitioner has given the land to lease to Mr. Hemant on 22.07.2016 for 5 years.
That after the end of five years, the dispute started and Mr. Hemant started claiming the land as he has constructed the remaining portion of the house of the Petitioner which has been started in 20.05.2015 by Petitioner but he was unable to finish that because of financial problems.
That Mr. Hemant at the end of the term of lease contract sued Petitioner in the Court of Civil Judge (Senior Division).
That the petitioner submits that the Civil Judge does not have the jurisdiction to try the said dispute. The Suit is expressly barred for civil court (Senior Division), Dehradun to try as the court has no territorial jurisdiction to try the dispute. Under Sec. 16 of CPC the suit can only be tried by the competent court having the territorial jurisdiction.
That the court not having the jurisdiction passed an order dated 20.10.2021 against the Petitioner deciding one of the important Preliminary issue nos. 1 which is attached as {Annexure 3}
That the Petitioner submits that the court not having competent jurisdiction tried the matter caused inconvenience to the Petitioner.
That the important question of law for this writ petition are:
Whether the Civil Court (Senior Division) has power to the decide the matter? Or whether it has inherent lack of jurisdiction?
Whether the Civil Court decision on preliminary issue is valid and legal?

That the Petitioner states and submits that, in view of aforesaid facts and circumstances, the hon’ble high court may issue a writ in nature of certiorari to review the order of the lower court.

GROUNDS

For that, the land is falling in the Jurisdiction of other civil court to try. Civil Court (Senior Division), Dehradun has no power to decide the said matter.
For that, the claim of possession and ownership of land is not valid as the Petitioner purchased the land and is the valid owner of the said property.
For that, the Petitioner has due to the decision of Civil Judge (Senior Division)
For that, the Petitioner has not filed any other petition in this Hon’ble Court or in the Hon’ble Supreme Court of India touching the subject matter of present Writ Petition.
For that, the Petitioner has paid the court fees of 500/-

PRAYER

That the Petitioner, therefore, pray before this Hon’ble Court in the light of above facts and circumstances the Hon’ble court may be pleased to grant the following reliefs in favour of the Petitioner: –

That a writ, direction or order in the nature of Certiorari be issued against to review the order of Civil Court (Senior Division), Dehradun.
That quash the Preliminary issue already decided by the Civil Court.
That any other relief that this Hon’ble court may be pleased to grant in the interest of Justice, equity and good conscience.

And for this act of kindness, the Petitioner as in duty bound, shall ever pray.

Dated: 07.11.2021 Deponent Signature

Verified by Jeet Sinha

Advocate (Counsel for Petitioner)

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

AFFIDAVIT

WRIT PETITION (CIVIL) NO. ____ OF 2021
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

Mr. Gopal …………Petitioner.

Versus

The State of Uttrakhand ………….Respondents.

I, Mr. Gopal, aged about 38 years, S/o Shyam, Resident of DP Mall, House no. 12E, P.O. & P.S. – Dehradun, District-Dehradun, Uttarakhand, do hereby solemnly affirm and state as follows: –

That the deponent is the sole petitioner in the above noted petition and is fully conversant and well acquainted with the facts and circumstances of the case.
That the statements made in Para no. 1-6 are true to my knowledge, those made in para no. 7-11 are based upon information derived from the records of the case and rests are way of submissions before this Hon’ble Court.
That the contents are true, verified, sworn and signed on this 7^th day of November, 2021 before this Hon’ble Court at Nanital.

Dated: 07.11.2021 Deponent Signature

Verified by Jeet Sinha

Advocate

(Counsel for Petitioner)

IN THE HIGH COURT OF UTTRAKHAND AT NANITAL

VAKALATNAMA

WRIT PETITION (CIVIL) NO. ____ OF 2021
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

Mr. Gopal

…………Petitioner.

Versus

The State of Uttarakhand

………….Respondents.

I, the undersigned, do hereby appoint Mr. Jeet Sinha, Advocate to be counsel in the above matter and for me/us and on my/our behalf to appear, plead, act and answer in the above court or any appellate court or any court to which the business is transfer in the above matter,

and to sign and file petitions, statements accounts, exhibits, compromises or other documents whatsoever, in connection with the said matter arising there from, and also to apply for issue of summons and other writs or subpoena and to apply for and get issued any arrest, attachment or other execution warrant or order and to conduct any proceeding that may rise there-out and to apply for and receive payment of any or all sums or submit the above matter to arbitration.

Provided, however, that if any part of the Advocate’s fee remains unpaid before the first hearing of the case or if any hearing of the case be fixed beyond the limits of the town, then, and in such an event my/our said advocates shall not be bound to appear before the court and if my/our said advocates doth appear in the said case he shall be entitled to an outstation fee and other expenses of traveling, lodging, etc.

Provided ALSO that if the case be dismissed by default, or if it to be proceeded ex party the said advocate(s) shall not be held responsible for the same. And all whatever my/our said advocate(s) shall lawfully do I do here by agree to and shall in future ratify and confirm.

Accepted: Signature of client

NAME

Dated: 07.11.2021 Jeet Sinha

Advocate

(Counsel for Petitioner)

ANNEXURE 1

AGREEMENT FOR SALE OF A HOUSE

This agreement of sale made at Rishikesh on this 28^th day of August 2001, between Mr. Sonu resident of Resident of IR road, House no. 4D, Rishikesh hereinafter called the Vendor of the ONE PART and Mr. Gopal resident of Resident of DP Mall, House no. 12E, hereinafter called the BUYER of the OTHER PART.

WHEREAS the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder: AND WHEREAS the vendor has agreed to sell his house to the BUYER on the terms and conditions hereafter set-forth.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

(1) The Vendor will sell and the BUYER will buy that entire house No. 4D, Rishikesh more particularly described in the Schedule hereunder written at a price of Rs. 40 lakhs free from all encumbrances.

(2) The BUYER has paid a sum of Rs. 40 lakhs as earnest money on 28.08.2001 the receipt of which sum, the Vendor hereby acknowledges) and the balance amount of consideration will be paid at the time of execution of conveyance deed.

(3) The sale shall be completed within a period of 12 months from this date and it is hereby agreed that time is the essence of the contract.

(4) The Vendor shall submit the title deeds of the house in his possession or power to the BUYER’s advocate within one week from the date of this agreement for investigation of title and the BUYER will intimate about his advocate’s report within 45 days after delivery of title deeds to his advocate.

(5) If the BUYER’s Advocate gives the report that the Vendor’s title is not clear, the Vendor shall refund the earnest money, without interest to the BUYER within 90 days from the date of intimation about the advocate’s report by the BUYER If the Vendor does not refund the earnest money within 90 days from the date of intimation about the advocate’s report, the Vendor will be liable to pay interest @ 12 p.m. upto the date of repayment of earnest money.

(6) The Vendor declares that the sale of the house will be without encumbrances.

(7) The Vendor will hand over the vacant possession of the house on the execution and registration of conveyance deed.

(8) If the BUYER commits breach of the agreement, the vendor shall be entitled to forfeit the earnest money paid by the purchaser to the vendor and the vendor will be at liberty to resell the property to any person.

(9) It the Vendor commits breach of the agreement, he shall be liable to refund earnest money, received by him and a sum of Rs. 45 lakhs by way of liquidated damages.

(10) The Vendor shall execute the conveyance deed in favour of the purchaser or his nominee as the purchaser may require, on receipt of the balance consideration.

(11) The vendor shall at his own costs obtain clearance certificate under Income tax Act, 1961 and other permissions required for the completion of the sale.

(12) The expenses for, preparation of the conveyance deed, cost of stamp, registration charges and all other cut of pocket expenses shall be borne by the purchaser.

Schedule above referred to

IN WITNESS WHEREOF

the parties have set their hands to this Agreement on the day and year first hereinabove written. Signed and delivered by Mr. Sonu the within named Vendor Signed and delivered by Mr. Gopal within named Buyer.

WITNESSES;

1. Mr. Prakash

2. Mr. Surya

ANNEXURE 2

ELECTICITY BILL

Amount paid: – 2030/- Date: – 09.10.2011

Amount paid: – 2020/- Date: – 09.11.2011

Amount paid: – 2050/- Date: – 09.12.2011

Amount paid: – 2210/- Date: – 09.01.2012

Amount paid: – 2550/- Date: – 09.01.2012

Amount paid: – 2660/- Date: – 09.02.2012

Amount paid: – 2120/- Date: – 09.03.2012

Amount paid: – 2010/- Date: – 09.04.2012

Amount paid: – 14990/- Date: – 09.04.2015

Amount paid: – 13990/- Date: – 09.04.2016

Water bill

Amount paid: – 1123/- Date:- 02.09.2013

ANNEXURE 3

IN THE CIVIL COURT (SR. DIV), DEHRADUN

APPN. NO. _____OF 2021

IN THE MATTER:

Mr. Hemant

Plaintiff

Versus

Mr. Gopal

Respondent

ORDER

That after going into merit of the case, it is found out that the portion of land belongs to the Plaintiff, Mr. Hemant.
That the Respondent shall pay the mesne profits to the Plaintiff.

Signed by:

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