WPSB/354/2023
2023 Latest Caselaw 2179 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

              WRIT PETITION (S/B) NO. 354 OF 2023

                          9TH AUGUST, 2023

Between:

State of Uttarakhand & another                ......          Petitioners

and

Dr. Sanjeev Dutt                              ......         Respondent


Counsel for the petitioners      :    Mr.    Pradeep      Joshi,  learned
                                      Additional Chief Standing Counsel
                                      for the State / petitioners

Counsel for the respondent       :    Mr. Nagesh     Aggarwal,   learned
                                      counsel


The Court made the following:

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



             Issue notice.


2)           Counsel      for   the    respondent       appears     and

accepts notice.


3)           He states that the matter may be proceeded

with without calling for a reply.


4)           The impugned order has been passed by the

Tribunal without calling for the petitioners, i.e., the State

reply, in the claim petition preferred by the respondent.
                           2




5)        Counsel for the respondent fairly does not

oppose the petition.


6)        Accordingly, we allow the present writ petition.

The impugned order is set aside, and the matter is

remanded back to the Tribunal.


7)        The petitioner / State shall file its counter-

affidavit in the claim petition within four week from

today.    The respondent / claim petitioner may file

rejoinder within four weeks thereafter.


8)        The matter shall be listed before the Tribunal

on 01.11.2023.



                                     ________________
                                     VIPIN SANGHI, C.J.



                                  ________________
                                 RAKESH THAPLIYAL, J.

Dt: 9th AUGUST, 2023 Negi