Uttarakhand High Court
Sitarganj Sidcul Industries Kalyan ... vs State Of Uttarakhand And Another on 21 March, 2012
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Stay Application No. 2104/2012
In
Writ Petition No. 461 (M/S) of 2012
Sitarganj Sidcul Industries Kalyan Samiti and others - Petitioners
Versus
State of Uttarakhand and another - Respondents
Mr. M.C. Bansal, Advocate for petitioners. Mr. N.P. Sah, Standing Counsel for the State Mr. A.D. Tripathi, Advocate for respondent No.2.
[Hon'ble B.S. Verma, J. (Oral)] Mr. M.C. Bansal, Advocate for the petitioners. Mr. N.P. Sah, Standing Counsel for the State. Mr. A.D. Tripathi, Advocate for respondent No.2. Heard on interim relief application No. 2104/2012. Learned counsel for the petitioner has contended that this court vide order dated 16-12-2010, passed in Writ Petition No. 801 of 2009(M/S), has held that the Act goes to show that by this Adhiniyam the Zila Panchayat is ceased to operate or to have jurisdiction in respect of notified area and the Industrial Estate Pant Nagar is a notified area/industrial town hence it is not a rural area but is an urban industrial area and out of the purview of the Adhiniyam.
Learned counsel for the petitioners stated that appeal preferred by Zila Panchayat, has also been dismissed.
As an interim measure, it is directed that no recovery shall be made on the basis of the impugned notice.
Respondents are allowed three weeks time to file counter affidavit.
List thereafter for admission/orders.
Certified copy of this order be issued to learned counsel for the parties by tomorrow on payment of usual charges.
ISB (B.S. Verma, J. )
21-03-2012