STATE OF UTTARANCHAL Vs. AJIT SINGH BHOLA

JUDGEMENT

(1.) Ecial leave granted.

(2.) In both these appeals, the State of uttranchal has challenged the interim order passed by the High Court of Uttranchal at nainital in Writ Petition Nos. 217 (M/b) of 2002 and 216 (M/b) of 2002 whereby in writ petitions filed by the respondents herein, the high Court noticing the facts of the case, passed an interim order directing the State of uttranchal either to proceed under the Land acquisition Act or vacate the premises within a week. The time granted to vacate the premises was extended by the Court, but the state is aggrieved by the interim order passed by the High Court. Its contention before us is that by the interim order, virtually the writ petitions themselves have been finally decided. We are informed that the writ petitions filed by the respondents are still pending before the high Court.

(3.) We wish to briefly narrate the facts of the case keeping in mind the fact that the writ petitions are still pending in the High Court and, therefore, any expression of opinion on the merit of the case may prejudice the case of the parties. However, some necessary facts must be noticed.