IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.66 of 2011 M/s Astral Energy Systems Pvt. Ltd Through its Director, Shri Satish Chand Jain, Plot No. 69 and 70, Sector-7, IIE, Haridwar. ………….. Appellant Versus 1. State of Uttarakhand through Secretary, Industries. 2. State Industrial Development Corporation of Uttarakhand Limited through its Managing Director, 2 New Cantt Road, Dehradun. 3. Managing Director, State Industrial Development Corporation of Uttarakhand Limited, 2 New Cantt Road, Dehradun. 4. General Manager, State Industrial Development Corporation of Uttarakhand Limited, 2 New Cantt Road, Dehradun. .…...……. Respondents Present: Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Alok Mahara, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for respondent No.1. Mr. Vipul Sharma, Advocate for respondent Nos. 2 to 4. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Date: 08th April, 2011 JUDGMENT Barin Ghosh, C.J. (Oral) Admit. All the respondents have been served. By consent of the parties, the appeal is taken up for hearing. A lease granted in favour of the appellant was cancelled on 25th February, 2008. In the writ petition, it was contended that the said cancellation was illegal for the reasons stated in the writ petition. The writ petition was filed on 18th 2 February, 2011. The same was considered for the first time on 24th February, 2011. At that time, a learned Single Judge of this Court felt that there was delay without any sufficient cause in approaching the writ court and, accordingly, the writ petition is not maintainable. We feel that the cause of action of the appellant against the cancellation order accrued on 25th February, 2008. The said cause of action was surviving on 18th February, 2011 when the writ petition was filed as also on 24th February, 2011 when the writ petition was dismissed. By Article 226 of the Constitution of India, the Court has been empowered to protect and preserve any legal right of a citizen. On 18th February, 2011 as well as on 24th February, 2011, the legal right of the appellant to contend that the said cancellation order passed on 25th February, 2008 was illegal, was still surviving. We, accordingly, allow the appeal, set aside the order under appeal and remit back the matter to the writ court with a request to decide the same on merits. (Sudhanshu Dhulia, J.) ( Barin Ghosh, C.J.) 08.04.2011 P. Singh