High CourtsDivision Bench(2024) 05 UK CK 0118

Uday Kumar vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 21 May 2024

HON’BLE JUDGES
Ritu Bahri, CJ · Rakesh Thapliyal, J
RESULT
Disposed Of
CASE NUMBER
Special Appeal No. 336 Of 2023

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Judgment

7 paragraphs · 241 words

Ritu Bahri, CJ

1.

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.