WPMS/795/2022
2022 Latest Caselaw 1252 UK

    IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
            ON THE 20TH DAY OF APRIL, 2022
                             BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
            Writ Petition (M/S) No. 795 of 2022


 BETWEEN:

 Dilshad Parveen                                   ....Petitioner
       (By Mr. T.A. Khan, Senior Advocate assisted by Ms.
       Divya Jaiswal, Advocate)


 AND:

 Union of India and others                    .....Respondents
       (By Mr. Rakesh Thapliyal, Assistant Solicitor General with
       Mr. Lalit Sharma, Standing Counsel for the Union of
       India)


                            JUDGMENT

Feeling aggrieved by Order of Eviction passed by Estate Officer under Public Premises (Eviction of Unauthorized Occupants) Act, 1971, petitioner filed an appeal before District Magistrate, Nainital, which is registered as Eviction Appeal No. 2 of 2022. Petitioner filed an application for interim relief in the said appeal on which, vide order dated 21.02.2022 learned District Judge issued notice to the respondents fixing 02.03.2022 and also transferred the file to IInd Additional District Judge, Haldwani. Since respondents were not served, therefore, learned IInd Additional District Judge, Haldwani vide order dated 01.04.2022 directed for issuance of fresh notice, fixing 25.04.2022. Petitioner has challenged these two orders in this writ petition.

2. Learned counsel for the petitioner contends that Railway Authorities are proceeding to evict petitioner from the land in question, therefore, learned Appellate Court ought to have passed interim order in favour of the petitioner in the pending appeal. He further submits that if petitioner is evicted from the land in question, pursuant to order passed by Estate Officer, then the very purpose of filing appeal would be lost.

3. Mr. Rakesh Thapliyal, Senior Advocate appearing for Northern-Eastern Railways (respondent nos. 2 and 3) submits that as per his instructions, notice in respect of the pending appeal has now been served upon Railway Authorities. He assures the Court that objection to the interim relief application, if any, shall be filed by Railway Authorities before Appellate Court, on or before 24.04.2022 so that petitioner's prayer for interim relief may be considered on the date fixed i.e., 25.04.2022. He further assures that Counsel for Railways shall remain present before the Appellate Court on the date fixed in the matter.

4. In view of the assurance given on behalf of respondent nos.2 and 3, this Court thinks that ends of justice would be met, if concerned Court is requested to consider petitioner's interim relief application, on the next date fixed i.e. 25.04.2022. Accordingly, learned IInd Additional District Judge is requested to consider petitioner's interim relief application, on the date fixed i.e., 25.04.2022.

5. Mr. Rakesh Thapliyal, Advocate appearing for respondents assures the Court that till 25.04.2022,

petitioner shall not be dispossessed from the land in question.

6. It goes without saying that learned District Judge shall consider petitioner's interim relief application on merit, untrammeled by any observation made in this order.

7. Learned counsel for the petitioner submits that Court of IInd Additional District Judge is vacant due to transfer. If that is so, then learned District Judge shall assign the Appeal No. 2 of 2022 to some other Court at Haldwani.

8. With the above observation, the writ petition stands disposed of.

9. Let certified copy of this order be issued to the parties today itself.

(MANOJ KUMAR TIWARI, J.) Shubham