WPPIL/37/2023
2023 Latest Caselaw 792 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

                 WRIT PETITION (PIL) NO. 37 OF 2023
                              23RD MARCH, 2023
BETWEEN:
Anushka Bhatnagar & another                                    .....Petitioners.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioners : Ms. Snigdha Tiwari, learned counsel.

Counsel for the Respondent Nos1 & 2 : Mr. J.C. Pande, learned Standing Counsel.

The Court made the following:

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

After some arguments, learned counsel for the

petitioners seeks leave to withdraw the present writ petition

with liberty to invoke civil remedies available to the

petitioners, including under Section 92 of the Code of Civil

Procedure.

2. The writ petition is dismissed as withdrawn with the

liberty, as prayed for.

3. Considering the fact that the dispute relates to the

Mahadevi Kanya Pathshala Trust and Management Society,

which was started way-back in 1902, and which is today

imparting education to about four thousand girl students, and

there are allegations of mismanagement, we request the

Principal Civil Court of original jurisdiction, before whom the

proceedings under Section 92 of the C.P.C. may be initiated,

to look into the matter expeditiously, and issue such

directions, as are called for in the facts of the case, without

any delay.

4. We, however, make it clear that we have not

examined the merits of the petitioners' claims in the present

writ petition.

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

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 23rd March, 2023 NISHANT