IN THE HON’BLE HIGH COURT OF UTTARAKHAND

INDEX in

Writ Petition Number 01 of 2021

(Under Article 226 of the Constitution of India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr. Respondent

S.N. Particulars Page Number

1. Presentation Form 1
2. Index 1
3. Memo of Parties 2
4. Synopsis and List of Events 3
5. Court Fees 5
6. Writ Petition 6
7. Affidavit 10
8. Vakalatnama 12

Dated: 06 May, 2021

Pintu Ram,
Advocate
(Counsel for the Petitioner)

Page 1 of 13
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND

Writ Petition Number 01 of 2021

(Under Article 226 of the Constitution of
India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr.

Responde
nt

MEMO OF PARTIES

PETITIONER DETAILS:
Mrs. Shanti Devi
Through Advocate Pintu ram,
123, Vasant Vihar Phase 2, Dehradun-
248006

RESPONDENTS DETAILS:
District Court Dehradun, Prince Chowk; and
Mr. Ramesh Kumar
115, Vasant Vihar Phase 2, Dehradun-248006

Page 2 of 13
IN THE HON’BLE HIGH COURT OF UTTARAKHAND

SYNOPSIS AND LIST OF EVENTS

in
Writ Petition Number 01 of 2021
(Under Article 226 of the Constitution of India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr.

Responde
nt

SYNOPSIS

Right to be heard is the indispensable right of any Individual. The recognition of

this right as Principle of Natural Justice right is must and thus cannot be
overlooked. In this case a civil suit related to ownership and possession of the
property was filed against the plaintiff on 02.02.2021. On, 11.02.2021 the plaintiff
contested that the Hon’ble Court did not have the jurisdiction to hear the matter,
however, the pleas of the plaintiff were rejected by the Court and Preliminary Issue
number 1 was decided against her on 14.03.2021.

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 LIST OF EVENTS

DATE EVENT

02.02.2021 A civil suit related to ownership and possession of

the property was filed against the plaintiff

11.02.2021 Plaintiff contested that the Hon’ble Court did not

have the jurisdiction to hear the matter

14.03.2021 Court rejected the pleas of the Plaintiff and

Preliminary issue number 1 was decided against
her.
06.05.2021 Petitioner filed the present writ petition
against the impugned order.

Dated: 06 May, 2021

Pintu Ram
Advocate
(Counsel for the Petitioner)

Page 4 of 13
IN THE HON’BLE HIGH COURT OF UTTARAKHAND
COURT FEES
IN
Writ Petition Number 01 of 2021
(Under Article 226 of The Constitution of India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr.

Respondent

Page 5 of 13
 IN THE HIGH COURT OF UTTARAKHAND

Writ Petition Number 01 of 2021

(Under Article 226 of The Constitution of India)

Mrs. Shanti Devi, D/o Mr. Rajan Singh, R/o 123, Vasant Vihar Phase 2,
Dehradun- 248006.
Petitioner

Versus

State of Uttarakhand and Anr.

Respondent

In the matter of

Article 226 and 227 of the Constitution of India.

To,

THE HON’BLE CHIEF JUSTICE

AND OTHER HON’BLE JUDGES

OF THE HIGH COURT OF

UTTARAKHAND

THE HUMBLE PETITION OF THE PETITIONER NAMED ABOVE

THE PETITIONER NAMED ABOVE MOST HUMBLY SHEWETH AS UNDER:

1. That by the present Writ Petition, the Petitioner is constrained to invoke the

Page 6 of 13
 ordinary Writ Jurisdiction of this Hon’ble Court under Article 226 of the
Constitution of India to command the Respondent to furnish the reasons of
dealing with a matter which was out of its jurisdiction and deciding an issue
against the petitioner.

2. That the petitioner is a peaceful law-abiding citizen engaged as a homemaker.

3. That a civil suit related to ownership and property was filed against the
petitioner on 02.02.2021 before the CJ (SD), Dehradun.

4. That the civil suit has not been filed in the court of competent jurisdiction.

5. That on 11.02.2021, the petitioner contested that the Hon’ble Court did not
have the jurisdiction to hear the matter.

6. That on 14.03.2021 the Court rejected the pleas of the Plaintiff and
Preliminary issue number 1 was decided against her

7. That on 06.05.2021 the Petitioner filed the present writ petition against
the impugned order.

8. That the Petitioner states and submits that, in view of the aforesaid facts and
circumstances, the order concerning Preliminary issue number 1 passed by the
Hon’ble Court being incompetent in its jurisdiction being illegal and unlawful and
hence, the Petitioner herein having no other efficacious remedy have come under
Ordinary Writ Jurisdiction of this Hon’ble Court under Article 226 of the
Constitution of India on the following amongst other grounds, which are raised
herein below in the alternative and without prejudice to one another.

Page 7 of 13
 GROUNDS

A. Because the action of the Hon’ble Court was beyond its jurisdiction and
there were no valid reasons regarding why the pleas of the petitioner
rejected.

B. Because it is submitted that entire cause of action has arisen within the
jurisdiction of this Hon’ble Court and hence, this Hon’ble Court has the
jurisdiction to entertain and adjudicate the issue involved in the instant Writ
Petition.

C. Because the Petitioner craves leave to refer and reply upon to add, to alter, to
amend and to modify and/or to delete any of the contention raised
hereinabove.

D. Because the Petitioner has no other equally efficacious remedy except by

way of the present Writ Petition and relief prayed under this petition, if
granted, would be complete and effectual.

E. Because 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
the present Writ Petition.

F. Because the Petitioner has paid a fixed Court fee of Rs.500 on the Writ
Petition.

PRAYER

That the Petitioner, therefore, pray before this Hon’ble Court in the light of above
circumstances, that the Hon’ble Court may be pleased to grant the following reliefs
in favor of the Petitioner and against the Respondent.

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 1. That a writ, direction or order in the nature of Certiorari be issued to

command the Hon’ble Court to either set aside its order or transfer the

matter to a court of competent jurisdiction.

2. That Any other relief that this Hon’ble Court may be pleased to grant in the

interests of Justice, Equity and Good Conscience if the reason furnish by the

respondent was not valid and satisfactory

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

Petition Dated: 06.05.2021

Presented by:

Pintu Ram
Advocate
(Counsel for the Petitioner)

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 IN THE HON’BLE HIGH COURT OF UTTARAKHAND

AFFIDAVIT
In
Writ Petition Number 01 of 2021
(Under Article 226 of the Constitution
of India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr.

Respondent

AFFIDAVIT
OF
Mrs. Shanti Devi, D/o Mr. Rajan Singh,
R/o 123, Vasant Vihar Phase 2, Dehradun-
248006

Deponent

I, the deponent named above do hereby solemnly affirm and state as under:

1. That the deponent is sole petitioner in the above noted petition and is fully conversant
and well acquainted with the facts and circumstances of the case.

2. That the contents of the accompanying writ petition are true and correct and they may
be read as part of this affidavit the same are not being reproduced for the sake of
brevity.

Deponent

Verification:

Page 10 of 13
I, Shanti Devi, the deponent named above, DO HEREBY verify on this 6th day of May, 2021 a t
D e h r a d u n the contents of this affidavit from paragraph numbers 1 to 2 are true to my personal

Page 11 of 13
knowledge. The contents of the accompanying writ petition from those of paragraph numbers 1 to 8 are
true to my personal knowledge. The contents of Grounds of the accompanying writ petition are based
on legal advice which I believe to be true.
Nothing material therein has been concealed. So, help me God!

L.T.I of the Deponent

Place: Dehradun

Deponent

I, Pintu Ram, Advocate, do hereby declare that the person making this affidavit and
alleging himself to be Shivam is the same person who is known to me from the papers
produced by him before me in this case.

Pintu Ram
Advocate

Solemnly affirmed before me on this 6th day of May, 2021 at Dehradun at about 5 PM
by the deponent who has been identified by the aforesaid Advocate.

I have satisfied myself by examining the deponent who understood the contents of this
affidavit. The person of the photograph has signed the photograph in my presence on the
photograph.

Notary

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 IN THE HON’BLE HIGH COURT OF BOMBAY

VAKALATNAMA
in
Writ Petition Number 1 of 2021
(Under Article 226 of The Constitution of India)

Mrs. Shanti Devi

Petitioner

Versus

State of Uttarakhand and Anr.

Respondent

I, the undersigned, do hereby appoint Ms. Pintu Ram, 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

Pintu Ram ----------------------

Advocate
(Counsel for the Complainant)

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