While the said appeals were pending before the appellate Court, the District Magistrate of Nainital purported to allot the said premises for residence cum office of the Director General of Police of the newly created State of Uttranchal.
Objections filed by the appellant State were overruled on 25.1.2002, aggrieved by which the State of Uttranchal filed a writ petition and obtained an order of stay on 30.1.2002.
From the material on record, it further appears that on 26.11.2000 possession of the premises was taken by use of police force.
Two writ petitions were filed by the landlady and her two sons challenging the order of requisition as well as the order dated 7.11.2000 pursuant to which possession of the premises was taken by the State.
The said fact was intimated to the appellate companyrt by the Wadia Institute by their application dated 1.12.2000 in which it was stated that on 26.11.2000, the police force got vacated the entire property and evicted the officials employees of the Wadia Institute from the property.
In the aforesaid writ petition, the impugned interim order was passed on 8.5.2003.
However, in view of the order of requisition, the writ petition filed by the State was dismissed as infructuous on 22.5.2002.
Aggrieved by the eviction order, Wadia Institute preferred RCA No.61/95, while the respondents aggrieved by a decree for partial eviction only, preferred RCA No.70/1995.
No letter of allotment passed by the District Magistrate has been brought on record, but all that has been produced is a letter addressed by the District Magistrate to the Senior Superintendent of Police, Dehradun dated 7.11.2000 informing him that the Guest House of the Wadia Institute has been allotted to the Director General of Police for Camp office residential purpose until further orders.
It appears that on 5.2.2001, the Wadia Institute filed an application before the appellate companyrt that it did number wish to pursue its appeal and prayed for permission to withdraw the appeal.
Since, there was numberresponse to the numberice, the order of requisition was passed on 4.4.2002.
In both these appeals, the State of Uttranchal has challenged the interim order passed by the High Court of Uttranchal at Nainital in Writ Petition Nos.
3034 OF 2004 S.L.P. C No.
19476 of 2003 State of Uttranchal through Collector, Dehradun and Another Appellants Versus Smt.
19475 of 2003 WITH CIVIL APPEAL No.
217 M B of 2002 and 216 M B of 2002 whereby in writ petitions filed by the respondents herein, the High Court numbericing the facts of the case, passed an interim order directing the State of Uttranchal either to proceed under the Land Acquisition Act or vacate the premises within a week.
Prakashwati Bhola Respondent P. Singh, J. Special leave granted.
S.L.P. C No.
The said suit was partially decreed on 25.4.1995 and a decree for eviction in respect of a part of the premises only ground floor was passed.
The time granted to vacate the premises was extended by the Court, but the State is aggrieved by the interim order passed by the High Court.
