2025:UHC:8935 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2799/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Abhilash Nainwal, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State. Mr. Rahul Consul, Advocate for MDDA. 2. Petitioner applied for sanction of house plan. His application has been rejected by Mussoorie Dehradun Development Authority (MDDA) on the ground that proceedings for partition of land, over which the house is proposed to be constructed, is pending before Commissioner, Garhwal Division. 3. By means of this writ petition, petitioner has sought the following reliefs: “a) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 23.08.2025 passed by the respondent no.1, whereby the application for the sanction of building plan for residential house of the petitioner has been rejected on the frivolous grounds. b) Issue a writ, order or direction in the in the nature of Mandamus be issued directing the respondent to consider the building plan application form of the applicant and to sanction it and further the petitioner be permitted to raise the construction of the residential house over the piece of land recorded Khatauni Khata No. 0236 Khasra No. 625B admeasuring 123 square meter situated in Mauja Gurjraada Mansingh, Pargana Pachvadoon, Tehsil & District Dehradun” 4. Mr. Rahul Consul, learned counsel appearing for MDDA, on instruction, submits that one of the co-sharers of the land over which construction is proposed to be raised, had filed a partition suit, learned Trial Court decided the suit and now the 2025:UHC:8935 matter is pending in appeal before Commissioner, Garhwal Division. He submits that since the land which may come to the share of the petitioner is not identifiable, therefore, difficulty is being faced in sanctioning the house plan. 5. Mr. Rahul Consul, however, submits that if petitioner gives an undertaking in the form of an affidavit that in case any adverse order is passed against petitioner in the pending appeal, then he alone shall be responsible for all consequences that may ensue. 6. The writ petition is disposed of in view of the statement made by Mr. Consul with liberty to petitioner to move application afresh along with an undertaking/affidavit in terms of the statement made by Mr. Consul. 7. If petitioner makes such application within ten days from today, the competent authority shall consider petitioner’s request and pass appropriate order, as per law, within six weeks thereafter. 8. Mr. Mohan Singh Barnia, Secretary, MDDA is connected virtually. His presence is dispensed with. (Manoj Kumar Tiwari, J.) 09.10.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2 f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4 626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.09 18:04:21 +05'30'