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2024 DIGILAW 554 (UTT)

Ashok Kumar Khulbe v. State of Uttarakhand

2024-08-20

RAKESH THAPLIYAL, RITU BAHRI

body2024
JUDGMENT : RITU BAHRI, C.J. 1. There is delay of 13 days in preferring the present special appeal. Delay has sufficiently been explained by the appellant in the affidavit accompanying the delay condonation application. 2. Therefore, the delay is condoned. Delay Condonation Application (IA No. 01 of 2024) is allowed. 3. In the present case, appellant was aggrieved as a Government link road/pathway leading to his homestay has been encroached by the encroachers. 4. Counsel for the appellant has placed on record a report submitted by the Tehsildar, Ramnagar to the Sub Divisional Magistrate, Ramnagar in this regard. 5. The writ petition, being Writ Petition (M/S) No. 1455 of 2024, was disposed of by the learned Single Judge on 10.06.2024 by observing that the petitioner (appellant herein) can approach the competent authority by making a representation. 6. Counsel for the appellant states that after 10.06.2024, when the above said writ petition was disposed of, he has already made a representation (Annexure-1) dated 18.06.2024 to the District Magistrate, Nainital. Counsel for the State has been given copy of the special appeal. 7. Present special appeal is being disposed of at this stage by giving a direction to the District Magistrate, Nainital to take appropriate steps on the representation (Annexure-1) filed by the appellant within a period of two weeks from today. 8. Pending applications if any, also stands disposed of.