HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2413 of 2025 (M/S) Amjad Ali ….......Petitioner Vs. State of Uttarakhand and others …..... Respondents Present : Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Mahendra Singh Bisht, Brief Holder for the State/respondent nos.1 and 2. Mr. Sandeep Kothari, Advocate for respondent nos.3 and 4. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in the instant petition is made to the notice dated 30.07.2025 of the respondent no.4/Joint Secretary, District Level Development Authority, Nainital (“the respondent authority”), by which, the construction raised by the petitioner has been directed to be demolished. The challenge is also made to a notice dated 30.07.2025, which is a demolition notice. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner submits that the petitioner is owner of the property; he was never served any notice; the demolition notice has not been served through registered post; it has merely been affixed; the petitioner was not aware of it; now petitioner moved an application to recall the impugned orders, but the respondent no.4 is not receiving the application. He would submit that the petitioner is still in the office of the respondent no.4/the respondent authority. Therefore, the respondent authority may be directed to take the application of the petitioner and pass an appropriate order on it after affording an opportunity of hearing to the petitioner. 2 4. Learned counsel appearing for the respondent no.4 submits that the respondent authority shall receive the application that may be given by the petitioner today and first order on it, shall be passed within 7 days and till then, demolition proceedings shall not take effect. 5. The Court takes on record the statement given by learned counsel for the respondent no.4. 6. In view of the statement given by the respondent authority, the writ petition is disposed of with the liberty to the petitioner to move an application to the respondent no.4 today itself with further directions to the respondent no.4 to receive it and pass first order on it within 07 days, after affording an opportunity of hearing to the petitioner. As stated on behalf of the respondent authority, till the order is passed on the application, that may be filed today, the demolition proceedings shall not be carried out. (Ravindra Maithani, J.) 14.08.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504 686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8E C450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.08.19 15:16:05 +05'30'