RAJEEV LOCHAN SHAH Vs. STATE

JUDGEMENT

(1.) Upon hearing the learned counsel for the parties, the Court has passed the following judgment:- By filing this writ application, the petitioner has prayed for the following reliefs:-

(2.) The facts of the case are not disputed at this stage and it can be chronologically described as follows:-

(3.) A counter affidavit has been filed by respondent nos. 2 and 3. In paragraph no. 5, the respondents state that in view of the Covid-19 Pandemic situation and in order to check and control its spread, vide office order dtd. 26/4/2020 issued by respondent no. 2 i.e. District Magistrate, Nainital, as per the provisions of Government Order No. 319/USDMA-792 (2020) TC dtd. 29/3/2020, Ashoka Hotel Tallital, Nainital, with its staff was occupied by the District administration of Nainital District. As per point no. 2 of the said G.O. dtd. 29/3/2020 for providing quarantine & isolation accommodation facility for Covid positive patients at the fixed rate of Rs.950.00 per room per day was provisioned. It is further pleaded that, as per point no. 3 of the said G.O., for providing meals to the covid positive patients a maximum amount up to a limit of Rs.150.00 per meal was additionally provisioned. It is, however, pleaded by the State authorities that as per paragraph no. 4 of the G.O. there was no direction to pay to any Tourist Rest House or Private Hotel/ Government/ Non-Govt. Building/ Unit without actual occupation. Payment would be due only on the basis of the actual occupancy. In compliance of the provisions of aforesaid G.O., the proceedings for the payment to the concerned Tourist Rest House or Private Hotel/ Government/ NonGovt. Building/ Unit where the Covid-19 virus affected persons were quarantined/ isolated by the District Administration was accordingly initiated.