WPMS/2020/2021
2026 Latest Caselaw 2236 UK

Uttarakhand High Court

WPMS/2020/2021 on 20 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2026:UHC:1965
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/2020/2021
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Piyush Garg, learned counsel for the petitioner.

2. Mr. Sanjay Bhatt, learned counsel for the caveator.

3. Petitioner filed this writ petition challenging the order dated 18.09.2021, passed by District Judge, Nainital in Eviction Appeal No. 91 of 2021. He has also challenged the consequent notice dated 21.09.2021, issued by the Estate Officer, Cantonment Board, Nainital.

4. It is not in dispute that petitioners were tenants in respect of shop belonging to Cantonment Board, situate at Bhowali Road, Nainital.

5. Proceedings for eviction of the petitioners were initiated under provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971, which resulted in passing of eviction order against them. Petitioners preferred appeal which was also dismissed by learned District Judge. Thus feeling aggrieved by the judgment and order passed by Estate Officer as affirmed by District Judge, petitioner filed this writ petition.

6. This Court vide order dated 23.09.2021 directed for maintaining status quo, qua possession over the shop in question, provided petitioner deposits a sum of Rs. 4.00 lakh with the Registry of this Court. Undertaking given by petitioners' counsel that petitioners will 2026:UHC:1965 deposit arrears of rent till passing of order of the appellate authority, within eight weeks, was also recorded in order dated 23.09.2021.

7. Today, the matter is listed on an application whereby a prayer is made that the writ petition be decided in terms of written compromise dated 11.12.2025, entered between the parties.

8. Mr. Sanjay Bhatt, learned counsel appearing for the Cantonment Board concedes that Cantonment Board has entered into a compromise with the petitioners, therefore, he has no objection if the writ petitions are decided in terms of the compromise. The compromise deed shall form part of this order.

9. In view of the consensus between the parties, these writ petitions are decided in terms of the compromise entered into between the parties on 11.12.2025.

10. The amount deposited by petitioners in terms of order of this Court shall be released with interest, if any, in favour of Cantonment Board.

(Manoj Kumar Tiwari, J) 20.03.2026 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND,

ASWAL serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.20 06:21:35 -07'00'