Authority: Uttarakhand High Court
Order Date: 16 September 2026
Case Overview
- Parties: Catholic Diocese of Lucknow (Petitioner) vs State of Uttarakhand and other respondents.
- The petition challenges a judgment and order dated 14 October 2025 passed by the Board of Revenue, Uttarakhand, Circuit Bench at Nainital in Second Appeal No. 69 of 2015-16.
- The petitioner alleged that the trial court’s decree of a declaratory suit based on adverse possession ignored that there was no entry of the petitioner’s possession in P.A. No.10 maintained by Revenue Authorities, and that the partition suit filed by respondent No.3 (decided on 31 October 2000) was decided while petitioner was not in possession.
- The petition also highlighted that respondent No.3 had taken a loan against the land, which the trial court also overlooked.
- The High Court observed that the trial court erred in overlooking these facts but found no ground to interfere with the impugned judgment under Article 227, as the matter was remanded to the trial court for fresh consideration.
Final Outcome
- The writ petition is disposed of with a direction to the learned Trial Court to decide the suit afresh, taking into account the pleadings of the parties without being influenced by the observations made by the Board of Revenue in paragraphs 7 and 8 of the impugned judgment.
Topics: Court Order, Land Dispute