SPA/287/2014
2022 Latest Caselaw 608 UK

           IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
                        SRI JUSTICE S.K. MISHRA, A.C.J.

                                     AND

                      SRI JUSTICE ALOK KUMAR VERMA, J.

07TH MARCH, 2022

SPECIAL APPEAL NO. 287 OF 2014

BETWEEN:

Malcolm Rencontre & another .....Appellants. And

The Good Shepherd Agriculture Mission & others

....Respondents.

Counsel for the Appellant No.2 : Mr. T.A. Khan, learned Senior Counsel assisted by Ms. Sadaf, learned counsel.

Counsel for the Respondent No.1       :      Mr. M.S. Tyagi, learned Senior
                                             Counsel      assisted   by   Mr.   Hari

Mohan Bhatia, learned counsel.

Counsel for the Respondent No.2 : Mr. Tarun Lakhera, learned Brief Holder.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT :(per Sri S.K. Mishra, A.C.J.)

Heard Mr. T.A. Khan, learned Senior Counsel

appearing for the appellant no.2, Mr. M.S. Tyagi, learned

Senior Counsel appearing for the respondent No.1, and Mr.

Tarun Lakhera, learned Brief Holder for the State, on the

question of maintainability.

2. In view of the judgment rendered by a Division

Bench of this Court in Special Appeal No.707 of 2019,

"Smt. Naida Akhtar & others vs. State of Uttarakhand &

others", dated 26.07.2019, the appeal against the order

passed under Article 227 of the Constitution of India, is not

maintainable.

3. Accordingly, the appeal is, hereby, dismissed as not

maintainable.

(S.K. MISHRA, A.C.J.)

(ALOK KUMAR VERMA, J.) Dated: 07TH March, 2022 NISHANT