IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 191 of 2008 Bharat Floriculture ……… Appellant Versus State Industrial Development Corporation of Uttarakhand Ltd. & another ………. Respondents Mr. Karan Anand, Advocate for the appellant Mr. Vipul Sharma, Advocate for respondent No. 1 Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Date of Decision: 06.12.2010 Barin Ghosh, C.J. (Oral) The writ petition was dismissed at the threshold. The reason for dismissal appears to be delay on the part of the writ petitioner in utilizing the allotted land for the purposes for which the same was allotted. The learned Judge felt that time was essence of the contract in the instant case. Inasmuch as, in relation to transactions pertaining to immovable property, time cannot be essence of contract, we are unable to accept the reason for which the writ petition was dismissed in-limine. We accordingly, set aside the judgment and order under appeal. 2. However, having noted that before approaching the writ court, the petitioner, namely, Bharat Floriculture through partner, Nannhe Khan had instituted a civil suit against respondents herein, namely, State Industrial Development Corporation of Uttarakhand Ltd. as well as Jan Mohammad Ansari, who is said to be a partner of Bharat Floriculture, we feel that the present writ petition is not maintainable, inasmuch as, the petitioner/appellant has taken recourse to an alternative remedy. On that ground, we dismiss the special appeal. (V.K. Bist, J.) (Barin Ghosh, C.J.) 06.12.2010 Aswal/Rdang