SPA/53/2023
2023 Latest Caselaw 622 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     SPECIAL APPEAL NO. 53 OF 2023
                              14TH MARCH, 2023
BETWEEN:
Reena Panwar                                                     .....Appellant.
And

Mussoorie Dehradun Development Authority & others

                                                                 ....Respondents.

Counsel for the Appellant : Mr. B.P. Nautiyal, learned Senior Counsel assisted by Mr. Manokam Nautiyal, learned counsel.

Counsel for the Respondent Nos.1 & 2 : Mr. Rahul Consul, learned counsel.

Counsel for the Respondent No.3 : Mr. Bhuwan Bhatt, learned counsel.

Counsel for the Respondent Nos.4 & 5 : Mr. K.N. Joshi, learned Deputy Advocate General.

The Court made the following:

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

After some arguments, learned Senior Counsel for

the appellant, on instructions, states that the appellant gives

up the challenge to the impugned order, and that she shall

comply with the impugned order, and vacate the property in

question, provided some time is granted to the appellant in

the light of the fact that the daughter of the appellant is

undertaking Class-10th Board Examinations, which would

continue till early May, 2023. Consequently, the appellant has

sought time for vacation till end of May, 2023.

2. In the light of the aforesaid, the present appeal is

dismissed as withdrawn. Subject to the appellant filing an

affidavit of undertaking within one week in the writ

proceedings, that the appellant shall vacate the property in

question, and handover the peaceful vacant possession

thereof to the Development Authority, so that the same may

be sealed, on or before 30.05.2023, the appellant shall not be

dispossessed from the property in question till 30.05.2023.

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

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 14th March, 2023 NISHANT