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Unknown vs State Of Uttarakhand And Others
2024 Latest Caselaw 1016 UK

Citation : 2024 Latest Caselaw 1016 UK
Judgement Date : 21 May, 2024

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 21 May, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                            AND
            HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                             21ST MAY, 2024
            SPECIAL APPEAL No. 336 OF 2023

Uday Kumar.
                                                              ...Appellant
                                   Versus

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the appellant.          :   Mr. Niranjan Bhatt and Mr. Rituparna
                                        Joshi, learned counsel.

Counsel for respondent nos. 1 to    :   Ms. Puja Banga, learned Brief Holder
4.                                      for the State of Uttarakhand.

Counsel for respondent no. 5.       :   Mr.   Sandeep     Kothari,   learned
                                        counsel.

Counsel for respondent no. 6.       :   Mr.   Bhupendra     Bisht,   learned
                                        counsel.

Counsel for respondent no. 7.       :   Mr. B.D. Pande, learned counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The short question for consideration in the

present Special Appeal relates to the Lease Deed

dated 14.08.2015 - Annexure No. 12, and the

question is, whether the shop in dispute was part of

the said lease deed or not.

2. With respect to this shop, the appellant has

made a complaint to the Commissioner, Kumaun

Mandal, Nainital on 14.09.2020, which is part of Annexure No. 17. His grievance is that till date his

complaint has not been decided by the Commissioner,

Kumaun Mandal.

3. As per the counsel for the Nagar Palika, the

shop in question is part of the Lease Deed - Annexure

No. 12, and now this shop has been given on rent to

respondent no. 7 by the Nagar Palika.

4. Since the question is with respect to,

whether the shop in question is part of the Lease Deed

- Annexure No. 12, or not, this issue can be decided

by the Commissioner, Kumaun Mandal after looking

into the complaint of the appellant dated 14.09.2020,

at Page No. 97 of the paper-book.

5. Accordingly, the present Special Appeal is

being disposed of, at this stage, by giving direction to

the Commissioner, Kumaun Mandal to decide the

complaint of the appellant dated 14.09.2020

expeditiously within two months. While deciding the

said complaint, the Commissioner shall give due

opportunity of hearing to all the affected parties.

6. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 21st May, 2024 Rahul

 
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