- (1.) We have heard the learned counsels of the parties.
(2.) The respondent-Swami Munisha Nand (now substituted) the writ petitioner before the High Court of Uttaranchal, Nainital (now Uttarakhand) was challenging the orders passed by the District Magistrate and the Commissioner, Garhwal Division cancelling three leases of land granted to the respondent - writ petitioner for residential purpose. The cancellation as evident from the orders of the aforesaid two authorities proceeded on a two-fold basis. Firstly, that the Parganadhikari (hereinafter referred to as "S.D.M.") who granted the lease was not authorized to do so; and secondly that the respondent - lessee (writ petitioner) had violated the terms of the lease inasmuch as he had constructed a cowshed and bathing ghats on the land(s) allotted for residential purpose(s).
(3.) The High Court invoking the doctrine of promissory estoppel overturned the verdicts of the aforesaid two authorities leading to the institution of the present appeal before this Court by the State.;