GAMBHIR SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN the present petition, order dated 23.4.2013 is under challenge, whereby, State of Uttarakhand was pleased to stay the grant of licenses for the water sports and motor boats in Tehri Jheel till further orders.

(2.) BRIEF facts of the present case, inter alia, are that Zila Panchayat, Tehri Garhwal, while exercising the power under Section 239 -F (b) and (c) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, framed bye -laws making provisions for the purpose of grant of licenses for running the motor boats and water sports in Tehri Jheel. Bye -laws, so framed, were approved by the Commissioner Garhwal while exercising the power under Section 242 (2) of the Act, 1961, and consequently got published in the Government Gazette on 29.3.2012, copy of which is available on record as Annexure No. 1 to the writ petition. After bye -laws came into force, Zila Panchayat, Tehri Garhwal invited applications, vide advertisement dated 8.3.2013, from all eligible for running motor boats in Tehri Jheel. Petitioner and others applied, however, meanwhile, impugned order dated 23.4.2013 came to be passed by the State Government staying further proceeding of grant of license by Zila Panchayat, till further orders of the Government.

(3.) I have heard Mr. Sharad Sharma, learned Senior Counsel assisted by Ms. Vandana Singh, learned counsel for the petitioner, Mr. R.C. Arya, learned Standing Counsel assisted by Mr. Gajendra Tripathi, learned Brief Holder for respondent nos. 1 and 2 and Mr. N.S. Pundir, learned counsel for respondent no. 3, and have carefully perused the record.