Uttarakhand High Court
Masroor Ahmed Khan vs State Of Uttarakhand & Others on 19 January, 2015
Author: V.K. Bist
Bench: V.K. Bist, U.C. Dhyani
SPA No. 25/2015 Hon'ble V.K. Bist, ACJ. Hon'ble U.C. Dhyani, J.
Mr. Lok Pal Singh, Advocate for the appellant. Mr. P.C. Bisht, Standing Counsel for the State/respondent nos. 1 & 2.
Mr. Anil Dabral, holding brief of Mr. DS Patni, Advocate for Municipal Board, Nainital/ respondent nos. 3 & 4.
Heard.
Admit the appeal.
Put up this appeal on 26th February, 2015 in daily cause list for final hearing.
CLMA No. 669/2015 (Stay Application) We have carefully considered the submissions advanced by the counsel for the parties and have also gone through the entire material available on record. In the facts and circumstances, we stay the following portion of the judgment and order dated 22.12.2014, till next date of listing:
"However, petitioner is directed to vacate the Quarter no.6, Waberly Compound, Gopala Sadan, Mallital, Nainital and hand over the peaceful vacant possession to the Municipality within thirty days from today positively. Municipality shall be at liberty to move to the Prescribed Authority under Section 7 of the U.P. Public Premises Act for determination of the damages and penal rent for the illegal occupation of the petitioner and to recover the same as fixed by the Prescribed Authority. If petitioner fails to hand over the peaceful vacant possession within thirty days from today, Municipality shall be at liberty to get the petitioner evicted with the help of police force. Compliance of this order shall be reported to this Court by affidavit of Executive Officer within 45 days from today."
Stay application stands disposed of accordingly.
(U.C. Dhyani, J.) (V.K. Bist, ACJ.) 19.01.2015 NCM: