IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.172 of 2008 M/s Shiv Shakti Fruit Company, Shop No.41, Fruit Sabzi Mandi, Jwalapur, Distt. Hardwar, through its Proprietor Mr. Jitendra Kumar … Appellant Versus Uttarakhand Krishi Utpandan Mandi Parishad & others … Respondents Sri Shivam Sharma, Advocate for the appellant Sri V.B.S. Negi, Advocate for respondents Dated: September 11, 2008 Coram Hon’ble V.K. Gupta, C.J. Hon’ble Dharam Veer, J. Hon’ble V.K. Gupta, C.J. (Oral) The writ petition was disposed of vide the impugned order dated 03.09.2008 without inviting counter affidavit from the respondents. The dispute between the parties is with respect to allotment and occupation of Shop No.C-41. Whereas, the appellant was allotted Shop No.C-109 originally, at his request, the allotment was changed and vide allotment order dated 02.06.2008, he was allotted Shop No.C-41. Vide the order passed on 18.07.2008, the allotment with respect to Shop No.C-41 was cancelled and the appellant was asked to vacate the said shop and handover the vacant possession thereof. The oral stand of the respondents in the writ petition before the learned single judge was that this Court in a writ petition filed by one Sri Ram Pal Gupta, being W.P. (M/S) No.1431/2008 had directed the maintenance of status quo with respect to the shop in question. In that writ petition, the said writ petitioner Sri Ram Pal Gupta had also raised a dispute about the cancellation of his allotment with respect to Shop No.C-41. Vide the aforesaid order dated 14.8.2008, the learned single judge had directed to maintain status quo. Status quo clearly meant that whoever was in possession of the shop, should not be disturbed. Whether the appellant herein or the aforesaid Sri Ram Pal Gupta was in possession, is something which the respondents herein ought to have informed the Court. That could have been done by filing a proper counter affidavit. For the aforesaid reasons, this appeal is allowed and disposed of. The impugned judgment is set aside. The writ petition is revived and restored to its original position with the direction to the respondents to file counter affidavit in two weeks from today. The writ petition shall be listed before an appropriate Single Bench immediately after two weeks by tying up with WPMS No.1431/2008. In the meanwhile, in conformity with the order dated 14.08.2008 passed by learned Single Judge in the aforesaid writ petition, we also direct that status quo qua Shop No.C-41 with respect to its possession shall be maintained by all the parties. (Dharam Veer, J.) (V.K.Gupta, C.J.) 11.09.2008 Rdang