WPMS/447/2022
2022 Latest Caselaw 2900 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
             HON'BLE SRI JUSTICE MANOJ K. TIWARI

                      09TH SEPTEMBER, 2022
        WRIT PETITION (M/S) No. 447 OF 2022

Between:

Rajendra Singh Bisht.
                                                           ...Petitioner
and

State of Uttarakhand and others.
                                                      ...Respondents

Counsel for the petitioners.     :   Mr. Pavan Kumar Nath, the learned
                                     counsel.

Counsel for the respondents.     :   Mr. S.S. Chauhan, the learned Deputy
                                     Advocate General for the State of
                                     Uttarakhand.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner has preferred this Writ Petition

to seek the quashing of the Notice/ Order No. 1369/e0iz0

cSjkaxuk/2021-22        dated   03.03.2022        issued      by    the

respondent no. 3, i.e. the Assistant Director - Fisheries.

The petitioner has also sought a restraint against the

respondent no. 3 from eviction in pursuance of the

aforesaid Notice/ Order dated 03.03.2022


2.            When the Writ Petition came up before this

Court on 08.03.2022, it was informed by the learned

counsel for the petitioner that the petitioner already

stands evicted, and physical possession had been taken
 from the petitioner.    The petitioner sought liberty to

amend the Writ Petition.


3.        Now, I.A. No. 02 of 2022 has been filed by the

petitioner to seek leave to amend the Writ Petition.


4.        The petitioner claimed rights under a lease

granted to him for a period of five years, vide Lease

Agreement dated 19.06.2020.        The respondents have

terminated the lease, and taken over the physical

possession of the leased premises.


5.        The    dispute     between    the   parties   is   a

commercial dispute, arising under a lease, and disputed

questions of fact would arise for determination with

regard to the respective rights of the parties under the

lease, and also whether the terms of the lease were

breached by one, or the other party. These disputes can

properly be adjudicated in civil proceedings, and not in a

Writ Petition.


6.        We,    therefore,   dismiss   the   present    Writ

Petition with liberty to the petitioner to pursue his

remedies in a Civil Court.




                              2
 7.         In sequel thereto, pending application, if any,

also stands disposed of.


                                   ________________
                                    VIPIN SANGHI, C.J.


                                  _________________
                                  MANOJ K. TIWARI, J.

Dt: 09th September, 2022 Rahul