SPA/305/2022
2022 Latest Caselaw 2723 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

                    SPECIAL APPEAL NO. 305 OF 2022

                             29TH AUGUST, 2022

BETWEEN:
Umesh                                                          .....Appellant.
And
District Magistrate, Collector District Pauri Garhwal & others
                                                               ....Respondents.

Counsel for the Appellant : Mr. Siddhartha Singh and Mr. P.S. Bisht, learned counsels.

Counsel for the Respondent no.1             :      Mr.    Pradeep   Joshi,  learned
                                                   Additional     Chief    Standing
                                                   Counsel.

Counsel for the Respondent no.2             :      Mr. Shivanand    Bhatt,   learned
                                                   counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The appellant is aggrieved by the order dated

27.07.2022, passed by the learned Single Judge, in Writ

Petition (M/S) No.1764 of 2022.

2. The grievance of the appellant is that the learned

Single Judge issued notice in the matter, returnable on

21.09.2022. However, no interim protection was granted to

the appellant-writ petitioner in the meantime. The case of the

appellant is that he has been awarded the contract to collect

the maintenance fees by the respondent no.2. However, he is

being obstructed by respondent no.3, who is the local MLA,

by use of force from enforcing his contract.

3. The submission is that if the appellant is not able to

collect the maintenance fees, he would not be able to fulfill

his obligations of making the payment to respondent no.2.

4. Learned counsels for respondent nos.1 and 2 have

no objections to the appellant being permitted to collect the

maintenance fees strictly in terms of the contract in the

contracted area.

5. We, therefore, permit the appellant to collect the

maintenance fees strictly in terms of the contract within the

confines of the area for which the contract was awarded.

There shall be no obstruction caused by any person, including

respondent no.3, in the appellant enforcing his right under

the contract for collection of maintenance fees.

6. This order shall continue to operate till 21.09.2022

when the matter is listed before the learned Single Judge.

7. It shall be open to the learned Single Judge to hear

the parties, and make such order as he considered

appropriate.

8. The appeal stands disposed of in the aforesaid

terms.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 29th August, 2022 NISHANT