SAU SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:

(2.) Very briefly put, the case of the petitioner is as follows: Respondent Nos. 6 to 9 are the cousin brothers of the petitioner; there is a property dispute; there is a suit for partition between the petitioner and his brothers on the one side and respondent Nos. 6 to 9 on the other; there is a preliminary decree by the Assistant Collector Class I and a final decree passed by him on 24.03.2012; but, yet, the shares could not be got prepared at the spot. Annexure No. 2 purports to be the judgment. There is reference to an agreement to maintain status quo and it is stated that, in breach of the same, attempt was made by respondent Nos. 6 to 9 to plough the land. An application was moved by the petitioner before the Assistant Collector. The Assistant Collector dismissed the application of the petitioner. Thereafter, petitioner and his brothers filed a revision before the Board of Revenue, which had passed an order of status quo on 07.09.2015 (Annexure No. 3). Despite the same, it is alleged that respondent Nos. 6 to 9, using machines, tried to vindicate their possession. There is reference to an application made under Order 39 Rule 2A of the Code of Civil Procedure (Annexure No. 4). It is further stated that there is an order passed by the Board of Revenue (Annexure No. 5) directing the SHO to get complied the order. Thereafter, petitioner filed an application before the Additional DM / DM, Dehradun, who directed the Tehsildar to immediately get complied the order of the Hon'ble Court. Petitioner has also produced Annexure No. 8 photographs of the spot and is before us on the basis that there is a duty to enforce the order of status quo passed by the Board of Revenue.

(3.) When this matter came up on 17.12.2015, we had issued notice in the following terms: