High CourtsDivision Bench(2020) 09 UK CK 0046

Zila Panchayat Nainital And Others vs Mohan Singh Bisht And Others

Uttarakhand High Court · Decided on 21 September 2020

HON’BLE JUDGES
Ravi Malimath, J · Ramesh Chandra Khulbe, J
RESULT
Disposed Of/ Dismissed
CASE NUMBER
Special Appeal No. 539 Of 2018, Writ Petition (M/S) No. 580 Of 2017

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Judgment

9 paragraphs · 252 words

Ravi Malimath, J

1.

After arguing the matter for some time, Shri Sudhir Kumar, learned counsel for the respondent-writ petitioner, submits that he may be permitted to withdraw Writ Petition (M/S) No. 580 of 2017 with a liberty to file a fresh writ petition raising certain important questions of law.

2.

The learned counsel for the appellant has no objection to the same.

3.

In view of the same, the plea sought for by the learned counsel for respondent-writ petitioner is accepted. Writ Petition (M/S) No. 580 of 2017 is dismissed as withdrawn with a liberty to the respondent-writ petitioner to file a fresh writ petition. All the findings recorded by the learned Single Judge in the order under appeal stand dissolved.

4.

As a consequence of the writ petition being dismissed as withdrawn, the present appeal would not survive for consideration and is dismissed as being infructuous with a liberty to the respondent-writ petitioner to file a fresh writ petition.

5.

Furthermore, in terms of the order dated 13.08.2018 the Tehsildar was appointed as the Receiver to monitor the business of the Haat Bazaar and to deposit the amounts collected before the Court. Shri Anil Kumar Bisht, learned standing counsel appearing for the State, is directed to give a list of amounts collected by the Tehsildar and/or deposited before this Court up to date.

6.

Call on 28.09.2020 to consider the affidavit of the Tehsildar.

7.

The special appeal is disposed off accordingly.

8.

Pending application, if any, also stands rejected.