Petitioner claimed the writ petition infructuous as the underlying challengeable orders and subsequent appeals were disposed of, including by the Supreme Court. Court dismissed the writ petition as infructuous.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) 142 of 2011
Suniti Singh
....….......Petitioner
-versus-
State of Uttarakhand and others
. ……...Respondent
Date of hearing and Order : 24.11.2021
Advocates appeared in the case:-
For Appellant : Mr. M.C.Kandpal, learned Senior Counsel, assisted by Mr.S.S.Chaudhary, learned counsel for the petitioner.
For Respondents : Mr. Suyash Pant, learned Standing Counsel for the State.
Sri S.K.Mishra, J.
1. Heard Mr. M.C.Kandpal, learned Senior Counsel,, assisted by Mr. S.S.Chaudhary, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the State.
2. Learned counsel for the petitioner submits that this writ petition has become infructuous.
3. On perusal of the record it reveals that the petitioner has challenged the orders dated 11.08.2010 and 26.05.2010 passed by the Commissioner, Kumaun Mandal, Nainital in Revision No. 137 of 2009-2010 & Revision No. 28 of 2009-2010 and the order dated
20.03.2009 passed by the Assistant Collector, Almora.
4. It is submitted that the original suit was filed before the Assistant Collector for declaration or for a declaratory decree. An application was filed by the present petitioner for impleadment in that proceedings. However, in that proceeding, the application was rejected then he preferred an appeal and a Revision. The Revision was dismissed which is under challenge in this writ application. In the meantime, the declaratory decree has been disposed of. The appeal has been disposed of and the Second Appeal by this Court. It is also submitted that the parties went before the Hon’ble Supreme Court and the matter has already been disposed of by the Hon’ble Supreme Court. So, this Writ Application has becomes infructuous and it is dismissed, as such.
5. There shall be no order as to the costs.
6. Urgent certified copy of this order be granted to the petitioner on proper application.
(S.K.Mishra) Judge
KKS
Suniti Singh
State of Uttarakhand
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
