Citation : 2024 Latest Caselaw 1016 UK
Judgement Date : 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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