2025:UHC:9148 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2476/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Siddharth Bankoti, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand / respondent no. 1. 3. Mr. Rahul Consul, Advocate for respondent no. 2. 4. By means of this writ petition, petitioner has sought the following reliefs:- “I. Issue an order, direction or writ in the nature of issuance of writ in the nature of Mandamus for directing the respondent no. 2 to rectify the show cause notice dated 26.10.2016; (Annexure no. 1). II. Issue an order, direction or writ in the nature of mandamus to direct the respondent no. 2 to expeditiously decide the Case no. 27/C/M/93-94. III. Issue an order, direction or writ in the nature of mandamus to direct the respondent no. 2 to demolish illegal construction of 3rd Floor of (Royal House) Belmont Cottage Complex, Camel back road Mussorie, Dehradun.” 5. Learned counsel for the petitioner submits that petitioner purchased Flat No. 7-A, Royal House, Belmont Cottage Complex, Camel Back Road Mussoorie, District Dehradun, on 25.03.2015; proceedings under Sections 27 & 28 of Uttarakhand Urban and Country Planning and Development Act, 1973 are pending in respect of the second and third floor of the building, in which petitioner’s flat is situate; the flat purchased by petitioner is situate in second floor; a show cause notice was issued to petitioner on 26.10.2016, in which incorrect description of the unauthorised portion of the building 2025:UHC:9148 has been given; ground floor and part of second floor are authorised and the remaining part of second floor and the entire third floor is unauthorised; petitioner is ready to apply for compounding in respect of the second floor purchased by her and the competent authority in Mussoorie Dehradun Development Authority be directed to decide the Case No. 27/C/M/93-94, expeditiously. 6. Mr. Rahul Consul, learned counsel appearing for the Development Authority submits that a demolition order was passed against predecessor-in-interest of the petitioner, which was challenged by him in an appeal; the appeal was dismissed for want of prosecution on 05.10.2012 by the Divisional Commissioner and thereafter no further steps were taken, either by predecessor- in-interest of the petitioner or the petitioner herself. 7. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Competent Authority in Mussoorie Dehradun Development Authority to decide Case No. 27/C/M/93-94, after hearing all the stakeholders, as early as possible, but not later than six months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J.) 14.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.14 17:56:39 +05'30'