SANJAY GHAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is stay vacation application no.7927 of 2010, which has been filed by respondent no.3, with a prayer to vacate the interim stay order dated 3.9.2010 passed by this Court in the present writ petition.

(2.) Heard Mr. Ramji Srivastava, learned counsel for the petitioner, Mr. Amit Bhatt, learned Additional Government Advocate for the State and Mr. Lok Pal Singh, learned counsel for respondent no.3 and perused the counter affidavit filed by respondent no.3.

(3.) Learned counsel for respondent no.3 has stated that the petitioner is not law-abiding citizen rather he is land grabber. It is further submitted that a double storied house including land was purchased by respondent no.3 from the petitioner but after about 8 years, the petitioner turned dishonest and to achieve his ulterior motive to grab the house of respondent no.3, initially he threatened the respondent no.3 to execute the sale deed in his favour but when the respondent no.3 declined to accept his illegal demand then the petitioner with the help of co-accused persons threatened the respondent no.3 for dire consequences and ultimately he succeeded to get demolish the double storied house of respondent no.3. Learned counsel for respondent no.3 submitted that the proceedings under the Gundas Act were initiated against the petitioner and following cases are pending against him:-