SPA/170/2021
2021 Latest Caselaw 1757 UK

      IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL


     THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
                          CHAUHAN

                                   AND

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                   SPECIAL APPEAL No. 170 OF 2021

                          27TH MAY, 2021


   Between:

   K.V. Inter College, Laksar, District Haridwar.
                                             ...Appellant


   and


   Himanshi and others.                              ...Respondents


   Counsel for the Appellant:            Mr. Ajay Veer Pundir,
                                         Advocate.

   Counsel for the respondents           :Mr. K.N. Joshi, learned
                                         Deputy         Advocate
                                         General for the State of
                                         Uttarakhand.
                                         Mr.     Shashi      Kant
                                         Shandilya,       learned
                                         counsel for respondent
                                         No.1.


   The Court made the following:


JUDGMENT : (per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)

          Mr. Ajay Veer Pundir, the learned counsel for the

appellant,     submits     that    despite    the    fact   that    an

Authorised Controller has been appointed, the petitioner-

respondent never impleaded the Authorised Controller as

                                     1
 a respondent party before this Court.                    Moreover, the

impugned order has been filed behind the back of the

Authorised Controller.


2.             This Court has pointed out to Mr. Ajay Veer

Pundir, the learned counsel for the appellant, that the

Authorised Controller is well within his rights to file an

application for impleadment and to file an application for

vacation of the stay order dated 22.04.2021. Once this

fact was pointed out to Mr. Ajay Veer Pundir, the learned

counsel, he seeks the liberty to withdraw the present

intra-Court         Appeal   and       to    file   an    Impleadment

Application and an application for vacating the stay

order.


3.             Therefore, the present Special Appeal is hereby

dismissed as withdrawn.                The liberty, so prayed, is

hereby granted.


4.             In sequel thereto, pending application, if any,

stands disposed-of accordingly.


5.             No order as to costs.



                       _____________________________
                       RAGHVENDRA SINGH CHAUHAN, C.J.


                                           ___________________
                                           ALOK KUMAR VERMA, J.

Dt: 27th May, 2021 Rathour