2025:UHC:7980-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.329 of 2024 9th September, 2025 Vikram Jan Kalyan Seva Samiti ---Appellant Versus Vijay Varshan & Others ---Respondents -------------------------------------------------------------- Presence:- Mr. Bhuwan Bhatt, learned counsel for the appellant Mr. P.C. Bisht, learned Addl. C.S.C. for the State Mr. Jitendra Chaudhary, learned counsel for respondent no.1 -------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar, C.J.) 1. We have heard the learned counsel for the appellant. 2. Learned counsel for the appellant would submit that IA No.1/2024 is preferred praying leave of the Court to prefer appeal on the ground that the appellant was not arrayed as a party before the learned Single Judge and that the petitioners have suppressed several material and have led the Court into passing an erroneous order. If that be the case, it would be appropriate for the appellant to approach the learned Single Judge by way of 1 2025:UHC:7980-DB a review petition as the correctness and legality of the order under appeal cannot be judged on the basis of facts and material which were not before the learned Single Judge. 3. In that view, present appeal is rejected by reserving liberty to the appellant to move the learned Single Judge seeking review of the order. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 09.09.2025 R/SS 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876d b48448ac3701a9ae475a2547e4b7 f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A22 22B4DF4FC80D4557562F95BEBA0 13F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.13 15:44:04 +05'30'