SPA/451/2022
2023 Latest Caselaw 202 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
            THE HON'BLE SRI JUSTICE RAVINDRA MAITHANI


                 SPECIAL APPEAL NO. 451 OF 2022

                        11th JANUARY, 2023

Between:

Guru Chetna Swayam Sahayata
Samooh, Libberhedi, Haridwar
and others                               ......          Appellants


and


State of Uttarakhand & others            ......         Respondents


Counsel for the appellants    :   Mr. Rahul Consul, learned counsel


Counsel for the respondents   :   Mr. S.S. Chauhan, learned Deputy
                                  Advocate General for the State /
                                  respondent Nos. 1 to 3

                              :    Mr. Saurav Adhikari, learned
                                  Standing Counsel for the Union of
                                  India / respondent No. 4




The Court made the following:

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



             The present Special Appeal is directed against

the order dated 02.12.2022, passed by the learned Single

Judge, in Writ Petition (M/S) No. 3044 of 2022.


2)           By the impugned order, while issuing notice in

the petition, and calling for the counter-affidavits of the
                               2




respondents, the learned Single Judge did not grant

interim relief, as sought by the appellants. Writ petition is

now listed for disposal on 03.03.2023.


3)         The appellants / writ petitioners had sought the

interim relief that they should be permitted to supply the

take home ration / micro nutrient fortified energy dense

food, and wheat / fortified rice and coarse grains under the

Wheat    Based    Nutrition   Programme      as    supplement

nutritional food to Aaganbadi Centers in the State of

Uttarakhand, on the ground that they are Self Help Groups

/ Mahila Mandals / village communities registered in the

State of Uttarakhand.


4)         We find no merit in this appeal.       The grant of

the interim relief, as sought by the appellants, would have

tantamount to granting the final relief in the writ petition.


5)         We, therefore, dismiss this Appeal.


6)         Stay application (IA No. 01 of 2022) also

stands disposed of.


                                        ________________
                                         VIPIN SANGHI, C.J.



                                  __________________
                                  RAVINDRA MAITHANI, J.

Dt: 11th JANUARY, 2023 Negi