WPMS/2392/2023
2023 Latest Caselaw 2481 UK

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                                  WPMS No.2392 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. A.S. Rawat, Senior Advocate assisted by Mr. Vinay Bhatt, Advocate for the petitioner.

Mr. Suyash Pant, Standing Counsel for the State.

Mr. Bhupendra Bisht, Advocate for the respondent no.3/Nagar Palika.

The petitioner claims benefit of Government Order dated 23.12.2016 with regard to the House No.6, Waberley Compound, New Gopala Sadan, Mallital, Nainital.

Heard.

As the matter was taken up, the Court wanted to know from learned Senior Counsel appearing for the petitioner as to whether the petitioner has yet not handed over the premises, as required by this Court on 22.12.2014 by a judgment passed in WPMS No.381 of 2007. It was so because in Prayer no.2 of the instant petition, the petitioner claims that he should be permitted to remain in possession.

Learned Senior Counsel would submit that the petitioner had handed over the possession to the Nagar Palika long back.

Learned counsel for the respondent no.3/Nagar Palika would also submit that the possession of the premises was handed over to the Nagar Palika on 09.09.2021.

Now the petitioner claims benefit of the Government Order dated 23.12.2016. Admit.

Learned C.S.C. takes notice for the respondent nos. 1 and 2.

Mr. Bhupendra Bisht, Advocate takes notice for the respondent no.3/Nagar Palika.

Respondents may file counter affidavit within three weeks.

Two weeks thereafter, rejoinder affidavit, if any, be filed.

List this matter for final hearing on 19.12.2023.

(Ravindra Maithani J.) 24.08.2023 RV