M.P. ENTERPRISES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Vipul Sharma, learned counsel for the appellant, Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand-respondent Nos.1 & 2 and Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Ajay Singh Bisht, learned counsel for respondent No.3.

(2.) The appellant in Special Appeal No.945 of 2019 filed WPMS No.3173 of 2019 challenging the order passed by the District Magistrate, Nainital dated 17.10.2019 whereby the third respondent was directed to cancel the contract executed between the petitioner and the third respondent for Lake Bridge Toll Tax Barrier, Nainital. After recording the request, urged on behalf of the petitioner for grant of an interim order, the learned Single Judge opined that, considering the facts and circumstances of the case, no interference is called for by the Court as an interim measure; and, accordingly, rejected the interim relief application. Aggrieved thereby, the present appeals.

(3.) Mr. Vipul Sharma, learned counsel for the appellant-writ petitioner, would submit that no reason has been assigned by the learned Single Judge for dismissing the interim relief application filed by the appellants-writ petitioners; the orders, impugned in the writ petition, were passed by the District Magistrate, Nainital on 07.10.2019 directing the third respondent to terminate the contract entered into with the appellant-writ petitioner; the second respondent-District Magistrate, Nainital is not even a party to the contract between the appellant-writ petition and the third respondent; the appellant-writ petitioner was neither put on notice prior to the impugned order dated 07.10.2019, nor was he given an opportunity of being heard; based on a report obtained behind the appellants-writ petitioners back, the impugned orders were passed; Section 34 (1A) of the Uttarakhand Municipalities Act, 1916, on which reliance is placed by the District Magistrate, Nainital in passing the impugned order, has no application; and the orders, impugned in the Writ Petitions, necessitate being set aside.