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2016 Supreme(UK) 431

V.K.BIST, U.C.DHYANI
Ankit Sharma – Appellant
Versus
Director, Cultural Directorate, Govt. of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kantiram Sharma, Advocate.
For the Respondent: Mr. HM Bhatia, Brief Holder.

JUDGMENT :

V.K. Bist, J.

This petition has been filed by the petitioner seeking the following reliefs:-

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 3 to take over the entire management of Chaiti Mela in his hand, including the recovery of rent for using the Government land from concerned persons/businessman and deposit the same to Government account, for next fair.

(ii) Issue a writ, order or direction in the nature of mandamus restraining the respondent no.4 from recovering the rent from concerned persons upon the Government land.”

2. Briefly stated, that the petitioner is the resident of Kashipur city. He is aggrieved by the inaction of respondent-authorities against respondent no.4 i.e. organizer of the fair, who is allegedly collecting rent from several shopkeepers/businessmen, who have installed their temporary shops at public land during CHAITI MELA.

3. The principal contention of the petitioner is that the respondent no.4 has no authority to recover rent from the said businessmen/shopkeepers, owing to the fact that the true owner of the land in question is alone authorised to recover any rent, if so imposed on the temporary v






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