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2023 Supreme(UK) 313

SANJAYA KUMAR MISHRA
Rajeev Lochan Shah – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Yogesh Pant
For the Respondent: Mr. Tribhuwan Fartiyal, learned Addl. C.S.C.

JUDGMENT :

Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel for the parties, the Court has passed the following judgment:-

By filing this writ application, the petitioner has prayed for the following reliefs:-

    “I. To issue a writ order or direction in the nature of certiorati to quash the impugned order/communication dated 05.07.2021, passed by the respondent no. 3, whereby payment is denied to the petitioner which is required to be paid as a result of acquisition of 30 rooms of the petitioner's hotel, along with staff.

II. To issue a writ order or direction in the nature of mandamus directing the respondents to pay a sum of rupees Rs. 12,25,500/- as dues towards the payment of acquisition of 30 rooms, for 43 days, of the petitioner’s hotel along with hotel staff, further to direct the respondents to pay an interest @18% per annum on the above said amount from the date of its being due (i.e. 08.06.2021) till its final payment.”

2. The facts of the case are not disputed at this stage and it can be chronologically described as follows :-

    (i). On 26.04.2021, the petitioner’s hotel, namely, Ashok Hotel, situated in Tallital, Nainital, was requisitioned by the order of respondent no.

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