Unknown vs State Of Uttarakhand And Others
2024 Latest Caselaw 821 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 1 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

                             01ST MAY, 2024

             SPECIAL APPEAL No. 10 OF 2023

Akhil Bhartiya Jeengar Samaj.
                                                               ...Appellant

                                   Versus

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the appellant.          :   Mr. Nikhil Singhal, learned counsel.

Counsel for respondent nos. 1 to    :   Mr. B.S. Parihar, learned Standing
4.                                      Counsel for the State of Uttarakhand.

JUDGMENT :

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

The present Special Appeal has been filed

against the order dated 22.12.2022 passed in Writ

Petition (M/S) No. 3413/2022, whereby the learned

Single Judge, while issuing notice of motion to private

respondents, did not grant interim stay.

2. This Court, vide order dated 11.01.2023,

stayed the operation of the impugned order in the Writ

Petition dated 23.09.2022.

3. Counsel for the appellant states that,

before the learned Single Judge, the respondents have filed their counter affidavit on 30.04.2024. This fact is

not disputed by learned counsel for the State.

4. The issue pending before the learned Single

Judge is, whether the District Magistrate has the

jurisdiction to pass an order, with respect to elections

of the registered societies.

5. Since the counter affidavit has already been

filed, this Special Appeal is being disposed of with a

request to the learned Single Judge to decide the Writ

Petition finally on merits. In the meantime, the

impugned order in the Writ Petition dated 23.09.2022

shall remain stayed.

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

disposed of accordingly.

______________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 01st May, 2024 Rahul