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2023 Supreme(UK) 145

VIPIN SANGHI, MANOJ KUMAR TIWARI
Kamal Katiyar – Appellant
Versus
Commissioner, Kumaon Mandal Nainital – Respondent


Advocates appeared:
Rajendra Arya, Advocate, Pankaj Kumar, Advocate, S.S. Chaudhary, Advocate, Akshay Joshi, Advocate

JUDGMENT

Vipin Sanghi, CJ. - Issue notice. Learned counsels appear and accept notice on behalf of the respondents.

2. We have heard learned counsels and proceed to dispose of this special appeal at this stage.

3. The appellant has assailed the order dated 18.11.2022, passed by the learned Single Judge, in Writ Petition (M/S) No.2570 of 2022. The impugned order reads as follows:-

    'Mr. Pankaj Kumar, the learned counsel for the petitioner.

    Mr. Yogesh Pandey, the learned Addl. C.S.C. for the State.

    Mr. Akshay Joshi, the learned counsel holding brief of Mr. Sandeep Kothari, the learned counsel for the respondent no. 2.

    Heard.

    The petitioner has filed this petition by suppressing the material facts. Earlier, the petitioner has already approached this Court by filing Writ Petition No. 1085 of 2022 (M/S) which was disposed of by the Co-ordinate Bench on 20.05.2022 giving direction to the Commissioner Kumaon to decided the petitioner's application within three weeks from the date of production of certified copy of this order and in the interim order of status quo qua the construction raised by the petitioner shall be maintained.

    The writ petition should be dismissed because of the suppression of the

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