MADAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Present petition has been filed by the petitioner for quashing the order dated 29.05.2010 passed by Civil Judge (Sr. Div.), Roorkee in Misc. Case No. 25/2010 Madan Singh v. State of Uttarakhand and Ors. whereby the learned Civil Judge (Sr. Div.), Roorkee, Haridwar has refused to grant exemption to the petitioner as provided under Section 80(2) Code of Civil Procedure, 1908 (for short C.P.C.) and did not permit the petitioner to file suit without prior service of notice on the Government.

(3.) Brief facts of the case, as emerge out of the writ petition, are that there is a plot Khasra No. 231 measuring 0.128 hectare situated at village Fatehullahpur/Telpura, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar out of which petitioner is the owner of a portion measuring 0.093 hectare, while non-party Ritu Jain and Surendra Jain are owners of remaining portion measuring 0.035 hectare of land.