2026:UHC:1272-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 25th February, 2026 Special Appeal No. 2 of 2026 Seema Bansal and another ------------Appellants Versus Palm City Residents Welfare Association and others --------Respondents ---------------------------------------------------------------------- Presence:- Shri Nagesh Aggarwal, learned counsel for the appellants. Shri Siddharth Singh, learned counsel for the respondent no.1. Shri Rahul Consul, learned counsel for the respondent nos. 2 & 4. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present intra court appeal is directed against interim order dated 16.12.2025, passed by learned Single Judge in WPMS No. 3362 of 2025, Palm City Residents welfare Association vs. Vice Chairman Mussoorie, Dehradun Development Authority and others, on the stay application while inviting counter affidavit in the main matter. By the said order, the parties have been directed to maintain status quo and the appellants have been restrained from creating any third party interest over the land in dispute including the houses, if any, constructed over the same. 1 2026:UHC:1272-DB 2. The dispute in the writ petition is whether the land which was reserved for EWS housing could have been diverted for other uses or could have been transferred to the appellants. 3. The interim order has been passed only to avoid creation of third party interest over the subject land, as otherwise it would result in various complications. 4. No right of any party has been decided by the aforesaid order. 5. Consequently, we are of the considered opinion that the present intra court appeal is not maintainable. The same is accordingly dismissed. 6. It is left open to the appellants to apply for stay vacation and /or early disposal of the writ petition. 7. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 25.02.2026 Kaushal 2 2026:UHC:1272-DB 3