IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Second Appeal No. 66 of 1987

State of Uttarakhand. …….Appellant.

Versus

Virendra Kumar

and another. ….…Respondents.

Present:

Mr. Sunil Khera, learned Deputy Advocate Genera with Mr. Yogesh Tiwari, learned Addl. CSC for the

State.

Mr. D.S. Patni, learned Sr. Advocate with Mr. Piyush Garg, Mr. Lalit Sharma and Mr. Dharmendra

Barthwal, learned counsel for the respondents.

Hon’ble Mr. Justice Rakesh Thapliyal, J.

1. On the previous date, matter was listed for dictation of judgment but learned counsel for the both the parties want to address on certain more issues, consequently, they are permitted

to address.

2. On the previous date, this Court formulated one more

additional substantial question of law, which reads as under:

“Whether both the courts below committed illegality in passing the decree despite binding and overriding effect of Section 3 of the

Government Grants Act?”

3. The aforesaid substantial question of law is now slightly

modified, as under:

“Whether both the courts below have committed illegality by considering the overriding effect of the terms and conditions of the lease deed in view of old Section (3) and Section 2 (3) of the Governments Grant