IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

SPECIAL APPEAL No. 972 of 2018

Surendra Kumar

……....Appellant.

Vs.

State of Uttarakhand and another

...Respondents

Ms. Swati Verma, learned Advocate holding brief of Mr. Rahul Consul, learned counsel for the

appellant.

Mr. J.C. Pande, learned Brief Holder for the State of Uttarakhand / respondent nos. 1 to 5.

Dated: 14^th December, 2018

Coram: Hon’ble Ramesh Ranganathan, C.J.

Hon’ble R.C. Khulbe, J.

Ramesh Ranganathan, C.J. (Oral)

This appeal is preferred against the order passed by the

learned Single Judge in Writ Petition (M/S) No. 851 of 2015 dated

07.09.2018 wherein a writ of certiorari was sought to quash the

proceedings dated 26.06.2014 issued by the second respondent, and a

writ of mandamus was sought directing the respondents to

compensate the petitioner for their illegal act.

2.

Before the learned Single Judge, learned counsel for both

the parties submitted that two civil suits nos. 23 of 2012 and 13 of

2012 were pending disposal before the Civil Judge (Junior Division),

Rudrapur, District Udham Singh Nagar for permanent prohibitory

injunctio