HAWALDAR (RETD.) MANTHALAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This matter was heard by a Division Bench of this Court, where one learned Single Judge (Alok Singh, J.) had issued notices to respondent nos. 4 and 5 and the matter was directed to be listed after the service report is received.

(2.) The other learned Single Judge (Ravindra Maithani, J.) was not in favour of issuance of notice to respondent nos. 4 and 5 as he had come to the conclusion that what is being agitated in the writ petition was primarily a private dispute between the parties relating to their rights over the dwelling house which is situated at Nathanpur, District Dehradun.

(3.) Since there was a difference of opinion between the two judges, this matter was placed before the Hon'ble Chief Justice and now this matter has come before this Court for third opinion.