WPMS/2398/2022
2022 Latest Caselaw 3211 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
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                                  WPMS No. 2398 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Heard Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Sunil Chandra, Advocate for the petitioners.

Learned Senior Advocate for the petitioners submits that for the self-same shop, release application filed by the respondents was allowed by learned Prescribed Authority vide order dated 30.11.2019. Against the order dated 30.11.2019, petitioners' filed Appeal, which was dismissed by learned Additional District Judge, Kotdwar vide order dated 25.07.2022. Against the two judgment & orders passed by learned Prescribed Authority and learned District Judge, petitioners filed WPMS No. 2784 of 2021, in which a conditional order has been passed, directing the petitioners to pay ` 4,000/- per month as rent/ damages for use & occupation of the shop in question. He submits that shop involved in the present case is the same.

Issue notice to the respondents, returnable within a period of four weeks, by registered post, acknowledgment due.

Steps to be taken 30.09.2022. List this matter alongwith WPMS No. 2784 of 2021.

Considering the submission advanced by learned Senior Advocate for the petitioners, it is directed that, till the next date of listing, petitioners shall not be dispossessed from the shop in question.

Stay application (I.A. No. 1 of 2022) stands disposed of.

(Manoj Kumar Tiwari, J.) 28.09.2022 Arpan