WPMB/137/2023
2023 Latest Caselaw 1756 UK

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

                  WRIT PETITION (M/B) NO. 137 OF 2023
                               04TH JULY, 2023
BETWEEN:
Ramesh Sajwan                                                     .....Petitioner.
And

State of Uttarakhand & others                                     ....Respondents.

Counsel for the Petitioner : Mr. T.P.S. Takuli, learned counsel.

Counsel for the Respondent Nos.1 to 3 : Mr. Vikas Pande, learned Standing Counsel.

Counsel for the Respondent No.4 : Mr. K.K. Tiwari, learned counsel.

The Court made the following:

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

The petitioner is aggrieved by the refusal to grant

permission to the petitioner to hold the Paryatak Vikas Mela

between 20.05.2023 - 05.07.2023 in the Flats, Nainital. We

are already on 04.07.2023.

2. This petition has become infructuous.

3. The petitioner had made deposit of Rs.50,000/-

with the District Sports Association (DSA), and has also

tendered cheque of Rs.6,75,000/- to the Nagar Palika

Parishad, Nainital, which has not been encashed.

4. In the light of the fact that no permission has been

granted to the petitioner, we direct refund of the amount of

Rs.50,000/- by the District Sports Association, Nainital

(Flats). The District Magistrate is directed to ensure that the

said amount is refunded within the next one week. The

cheque tendered by the petitioner to the Nagar Palika shall

also be returned and the petitioner shall also be free to stop

its payment.

5. In case the petitioner makes a fresh application for

holding the Paryatak Vikas Mela, such application shall be

dealt with on its own merits, without being influenced by the

rejection of permission, which has been assailed in this

petition.

6. The writ petition is dismissed with the aforesaid

observations.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 04th July, 2023 NISHANT