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2017 Supreme(UK) 599

SHARAD KUMAR SHARMA
Balwinder Kaur – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioners:Mr. Pradeep Kant, Senior Advocate assisted by Mr. C.K. Sharma, Ms. Soniya Chawla and Mr. Divyanshu Sahay.
For the Respondents:Mr. Sunil Khera, Deputy Advocate General, Mr. Lalit Sharma.

JUDGMENT :

Sharad Kumar Sharma, J.

1. This judgment would be deciding the controversy which is identically involved in all the Writ Petitions (M/S) Nos. 2290 of 2016, 2287 of 2016, 2643 of 2016, 2295 of 2016, 2644 of 2016 and 2641 of 2016. For the sake of convenience, facts of Writ Petition No. 2295 of 2016 (M/S) are taken into consideration as to be leading case. The petitioners of the Writ Petition No. 2295 of 2016 (M/S) have sought the following reliefs :

    “(i) to issue a writ, order or direction in the nature of Certiorari quashing the order passed by the opposite party No.4, Additional Collector (Finance and Revenue), Udham Singh Nagar dated 12.07.2016 in Misc. Case No. 04 of 2015-16 as well as the order passed by the Commissioner, Kumaon Division, Nainital, dated 18.06.2016, report submitted by the Joint Director, Uttarakhand dated 25.05.2016 as well as the order passed on the complaint dated 30.04.2016 by Commissioner, Kumaon Division, Nainital to make enquiry contained in Annexure No.1 to 4 to this writ petition.

(ii) to pass such other order or direction, which this Hon’ble Court deems it fit and proper under the circumstances of the case.

(iii) to allow the writ petition with c

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