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2023 Supreme(UK) 510

RAVINDRA MAITHANI
Chandresh Mamgai – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Siddhartha Sah.
For the Respondents: Rajesh Pandey, Sandeep Kothari.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. By means of the instant petition, the petitioners seek directions to the respondent no. 2, the District Level Development Authority, Nainital (“the Development Authority”) to open the seal placed on the old portions of the petitioners’ building, Parsi Lal Sah Studio Building, Mallital, Nainital (“the building”).

2. Facts necessary to appreciate the controversy, briefly stated, are as follows:

    (i) The petitioner no. 1 is a tenant of the first floor of the building by virtue of an allotment order issued in the year 1980, in favour of his father.

(ii) The petitioner no. 2 is the tenant of the ground floor of the building.

(iii) On 15.04.1999, the Development Authority accorded approval for necessary repairs of the building subject to certain conditions.

(iv) On 06.08.1999, the approval for repairs accorded on 15.04.1999 was cancelled.

(v) On 04.09.1999, again, the Development Authority accorded approval for necessary repairs of the building.

(vi) Pursuant to the approval dated 04.09.1999, the petitioners did not carry out any repair work.

(vii) On 29.11.2013, the petitioners again sought permission for the repairs of the building from the Development Authorit

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