Authority: Supreme Court of India
Order Date: 09-09-2026
Case Overview
- Petitioners: Sainik School Ghorakhal & Anr; Respondent: Sanjeev Kumar Choudhary.
- Petitions: Special Leave to Appeal (C) Nos. 30169‑30170/2026 arising from impugned final judgment and order dated 19‑05‑2026 in SPA No. 93/2026 and 22‑07‑2026 in MCCRA No. 4/2026 passed by the High Court of Uttarakhand at Nainital.
- Inter‑Application (IA) Nos. 255454/2026 (exemption from filing C/C of the impugned judgment) and 255456/2026 (exemption from filing O.T.).
- Hearing held on 09‑09‑2026 before a bench of Hon'ble Mr. Justice Pamidighantam, Hon'ble Mr. Justice Narasimha and Hon'ble Mr. Justice Alok Aradhe.
- Counsel for petitioners: Senior Counsel Nachiketa Joshi, Sr. Adv. Vaibhav Srivastava, Adv. Aniket Vijay Seth, AOR Priya Puri, Adv. Shubham Jain, Adv. Aashi Arora, Adv. Adarsh Dubey.
- Petitioners argued that the High Court could not permit unilateral exchange of allotted shops by the two allottees without the consent and authorization of the petitioners.
- The Court agreed that the petitioner‑owner has the right to allot a shop and to insist that the tenant continue in that allotted shop; however, the controversy ceased because the tenure of the allottees had ended. The deed of exchange directed by the High Court may be executed only during the subsistence of the tenure and not thereafter.
Final Outcome
1. With the above clarification, the Special Leave Petitions stand disposed of.
2. Any pending applications, if any, shall also stand disposed of.
Topics: Legal Dispute, Property Allotment