Kunwar Singh Negi vs State Of Uttarakhand And Others
2024 Latest Caselaw 935 UK

Uttarakhand High Court

Kunwar Singh Negi vs State Of Uttarakhand And Others on 13 May, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                   MS JUSTICE RITU BAHRI, C.J.
                              AND
                MR. JUSTICE RAKESH THAPLIYAL, J.
                            13TH MAY, 2024
        SPECIAL APPEAL NO. 96 OF 2024
Kunwar Singh Negi                .......Appellant

Versus

State of Uttarakhand and others.                 .........Respondents
Counsel for the appellant        :   Mr. V.K. Kaparuwan, learned counsel.


Counsel for the respondents      :   Mr. M.S. Bisht, learned Brief Holder
                                     for the State.




Upon hearing the learned Counsel, the Court
made the following

JUDGMENT :

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

The appellant has come-up in Appeal against the

judgment dated 01.04.2024 passed by the learned

Single Judge in Writ Petition (M/S) No. 2736 of 2023

Kunwar Singh Negi vs. State of Utarakhand and others,

whereby the writ petition of the writ petitioner /

appellant has been dismissed with liberty to approach

the appropriate forum claiming refund of any amount,

which he deposited in excess of what was required to

deposit.

2. As far as the order dated 14th September, 2023

whereby the condition of deposit of 25% of the disputed amount has been reduced to 12.5% is

concerned, learned counsel for the appellant now

restricts his prayer that the appellant be permitted to

deposit 12.5% of the disputed amount in two equal

installments.

3. The above prayer cannot be accepted as the

order, by which the Appellate Authority directed the

appellant to deposit only 12.5% of the disputed

amount, was passed on 14.09.2023, and till now

nothing has been deposited by the appellant.

4. In view of the above, since no amount has been

deposited till date, this Special Appeal is disposed of by

directing the appellant to deposit 12.5% of the disputed

amount within a period of six weeks from today before

the Authority and, only thereafter, his Appeal will be

heard on merits.

5. Pending application, if any, also stands disposed

of.

_____________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 13th May, 2024 Rathour