State of Uttarakhand and another vs Diwakar Chamoli and another

The respondents filed the writ petition calling in question the order purported to be passed under Section 11 of the Uttar Pradesh Shri Badrinath and Shri Kedarnath Temples Act, 1939.

By the impugned decision the learned Single Judge has expressed the view that prima facie the impugned order is arbitrary and directed the operation and effect of the order shall remain stayed until further orders.

Counter affidavit was directed to be filed within three weeks.

Feeling aggrieved, the appellants are before us.

We have heard Mr. S.N. Babulkar, Advocate General for the State of Uttarakhand and Mr. V.B.S. Negi, Senior Advocate for the respondents.

Learned Advocate General would submit that in the earlier round order was set aside on the ground that the satisfaction, though, reflected in the file was not to be found in the order. In this case, in the order itself, satisfaction was recorded. He would submit that the power was exercised under Section (2-A) on the basis that the Committee fell short by seven Members. Also some of the members who have been nominated do not answer the description provided in the statutory provision. So the situation has arisen, where it was necessary for efficient management and, therefore, the Administrator was appointed.

After hearing the learned counsel for the parties, we are of the view that in the nature of the order, the interest of justice would be subserved if we reserved the contentions of the appellants and request the learned Single Judge to dispose of the writ petition itself at the earliest.

In such circumstance, we decline to interfere in the order as such but we request the learned Single Judge to dispose of the matter at the earliest.

We record the submission of the appellants that counter affidavit will be filed within one week from today. We also record the submission of learned Senior Counsel for the writ petitioners that rejoinder affidavit will be filed within four days. We direct that this case to be listed on 6th July, 2017 and request the learned Single Judge to dispose of the matter at the earliest. We leave open all the contentions of the appellants.

The appeal is disposed of accordingly.