NANDAN KUMAR MITTAL vs SENIOR SUPERINTENDENT OF POLICE, DEHRADUN

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2026:UHC:7837
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPCRL/956/2025

Nandan Kumar Mittal ……. Petitioner


Versus

Senior Superintendent Of Police, Dehradun
……….. Respondent

Hon'ble Alok Mahra, J.
Mr. Abhijay Negi, learned counsel for
the petitioner.
2. Mr. Shailendra Singh Chauhan,
learned Deputy A.G. along with Mr. Vikash
Uniyal, learned Brief Holder for the State.
3. By means of the present writ petition,
the petitioner seeks issuance of a writ, order
or direction in the nature of mandamus
directing respondent no. 1 to specify a
definite date and time for providing the
requisite police force, pursuant to the
approval allegedly granted on the requests
made by the petitioner and upon payment of
the requisite charges for such services. The
petitioner further seeks a direction to the
concerned authorities to provide adequate
police protection on the specified date and
time for the purpose of demolishing the
privately owned culvert/slab situated on the
property claimed by the petitioner. A further
direction has also been sought to ensure
adequate police protection at the time of
such demolition and to submit an action
taken report before this Court pursuant to
the approvals allegedly granted on the
petitioner's requests.
4. Learned counsel for the petitioner
would submit that the petitioner claims to be
the owner and bhumidhar of land bearing

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Khasra No. 511, situated at Village
Badowala, Tehsil Doiwala, District
Dehradun. It is submitted that one Mr.
Dabal Singh and Mr. Yashpal Singh, who
reside across the Jamunwali Line Road, have
allegedly been unauthorizedly parking their
vehicles over a culvert/slab situated on the
property claimed by the petitioner. It is
further submitted that the petitioner lodged
a complaint before the concerned police
station and thereafter approached the office
of the Senior Superintendent of Police,
Dehradun, seeking police protection for
carrying out the proposed demolition of the
said culvert/slab.
5. It is contended that, despite repeated
requests, the requisite police protection was
not provided. Consequently, the petitioner
also addressed an e-mail to the Senior
Superintendent of Police, Dehradun,
requesting police assistance and deposited a
sum of ₹ 14,284/- through challan towards
the charges payable for deployment of police
force. It is further submitted that, when no
action was taken, the petitioner lodged a
complaint through the Chief Minister's
Online Grievance Portal and also approached
the Sub-Divisional Magistrate and other
competent authorities; that, Mr. Dabal Singh
had allegedly assaulted the petitioner and
had also allegedly fired upon him.
6. On the previous date of hearing,
learned State Counsel was directed to obtain
specific instructions as to whether the slab
constructed over the canal/gul is situated on
the private land claimed by the petitioner
and, further, whether any dispute regarding
the ownership, possession, location or
existence of the said slab and/or canal/gul
is pending adjudication before any
competent Civil or Revenue Court. Learned
State Counsel was also directed to apprise
this Court regarding the nature and status

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of any such pending proceedings.
7. Learned State Counsel, on the basis of
written instructions received from the
concerned authorities, would submit that
the slab in question was constructed by the
Zila Panchayat and is stated to be situated
on the land of one Dabal Singh Bhandari. It
is further submitted that the petitioner
claims to be the bhumidhar of the land in
dispute. He would further submit that
according to the instructions received, the
matter has been examined by the Revenue
Department and a dispute concerning
possession of the land as well as the
existence and location of the gul/canal is
pending before the competent Revenue
Authority.
8. Learned State Counsel further submits
that proceedings relating to the land dispute
are pending before the Sub-Divisional
Magistrate, Doiwala, District Dehradun, in
Case No. 04/18-19, under Section 229-B,
concerning Village Badowala, and the next
date fixed therein is 22.09.2026; that, the
written instructions further indicate that,
after appropriate inquiry by the concerned
department and subject to the
orders/directions passed by the competent
Magistrate/Revenue Authority, necessary
police force, along with the administrative
authorities, shall be made available at the
spot, if required, for maintaining law and
order and ensuring security.
9. Learned State Counsel would further
submit that the controversy essentially
pertains to a dispute relating to land,
possession and demarcation and is
civil/revenue in nature, therefore, the
petitioner has an efficacious alternative
remedy of approaching the competent Civil
Court/Revenue Court or other appropriate
forum for demarcation and adjudication of

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his rights in accordance with law.
10. Learned counsel for the petitioner
would submit that the petitioner has already
deposited a sum of ₹ 14,284/- through
challan before the office of the Senior
Superintendent of Police, Dehradun, towards
the expenses for deployment of police force
in connection with the proposed demolition
of the slab; that, since the police force was
not deployed for the said purpose, learned
counsel prays that the aforesaid amount be
refunded to the petitioner.
11. Heard learned counsel for the parties
and perused the material available on
record, including the written instructions
placed before this Court by learned State
Counsel.
12. Upon consideration of the written
instructions and the submissions advanced
by learned counsel for the parties, it is
evident that a dispute regarding the land,
possession, demarcation and the
existence/location of the gul/canal and the
slab constructed thereon is already pending
before the competent Revenue Authority. The
disputed questions relating to the
ownership, possession and location of the
property cannot appropriately be adjudicated
in the exercise of writ jurisdiction under
Article 226 of the Constitution of India.
13. In such circumstances, this Court does
not deem it appropriate to issue any
direction permitting or facilitating demolition
of the disputed structure by providing police
force, particularly when the underlying
dispute regarding the land and the structure
is pending consideration before the
competent Revenue Authority. The parties
are required to pursue their remedies before
the appropriate forum in accordance with
law.
14. So far as the prayer of the petitioner for

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refund of the amount allegedly deposited
towards the charges for deployment of police
force is concerned, the Senior
Superintendent of Police, Dehradun, is
directed to examine the claim of the
petitioner in accordance with law and, if the
amount of ₹ 14,284/- or any other amount
has in fact been deposited by the petitioner
for a service which was not rendered, take
appropriate steps for refund of the
admissible amount, in accordance with the
applicable rules and procedure, preferably
within a period of one month from the date
of production of a certified copy of this order.
15. The written instructions so produced by
learned State Counsel are taken on record.
The Registry is directed to paginate the same
appropriately.
16. The petitioner shall be at liberty to avail
such remedy as may be available to him
under law before the competent Civil Court,
Revenue Court or any other appropriate
forum for demarcation of the land and
adjudication of his rights and claims.
15. With the aforesaid observations and
directions, the writ petition stands disposed
of.
17. Pending applications, if any, shall also
stand disposed of.

MAMTA
RANI


(Alok Mahra, J.)
31-08-2026
mamta
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449
e430ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e
68911ca8b66dd26690a191648ab5d8dd004ef
0, cn=MAMTA RANI
Date: 2026.09.01 17:11:51 +05'30'