UKHC010034322025 2026:UHC:7096-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 11TH AUGUST, 2026 SPECIAL APPEAL No. 28 of 2025 1: M/s Uttarakhand High Tech Nursery Banpur --Petitioner Versus 1: State Of Uttarakhand 2: Director General Agriculture And Horticulture Uttarakhand 3: Director, Directorate Horticulture And Food Processing Department Uttarakhand --Respondents Counsel for the appellant. : Mr. Gaurav Nagpal, learned counsel holding brief of Mr. Ramji Shrivastava, learned counsel. Counsel for the respondents. : Mr. Ranjan Ghildiyal, learned Standing Counsel for the State of Uttarakhand. JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.) 1. The present intra-court appeal is directed against the order of the learned Single Judge dated 24.02.2025 passed in WPMS/528/2025, whereby the writ petition filed by the appellant, challenging the order of cancellation of the allotment dated 07.02.2025 in its favour by Director, Horticulture- respondent no. 2 vide order dated 07.02.2025, has been dismissed, however, with liberty to the appellant to approach the Department for payment of its dues, and in case, the same is disputed, to avail the civil remedies. 2. Learned counsel for the appellant submits that the appellant had supplied plants, as per the allotment order and, 1 UKHC010034322025 2026:UHC:7096-DB suddenly, without any notice to the appellant, the allotment was cancelled. 3. Learned counsel appearing on behalf of the Department submits that, under Section 10 of the Uttarakhand Fruit Nurseries (Regulation) Act, 2019, an appeal lies against the order of cancellation to the appellate authority. 4. Learned counsel for the appellant seeks liberty to avail the said remedy of appeal. 5. Having regard to the facts of the case and the submissions made, the present appeal is disposed of by providing that, in the event the appellant files appeal before the appellate authority under Section 10 of the Act, the same shall be decided by the appellate authority on merits, without raising any objection regarding limitation. 6. The order of the learned Single Judge stands modified accordingly. 7. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 11th August, 2026 Rahul 2 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3 e66e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8 A192FCAD15C390A1AAD7B39857D2540AE 4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.08.12 13:20:40 +05'30'