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2025 DAILYLAW 1322 (UTT)

ASHOK SINGH v. STATE OF UTTARAKHAND THROUGH COLLECTOR

WPMS/179/2025 · 2025-01-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:510 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH JANUARY, 2025 Writ Petition No. 179 of 2025 (M/S) Ashok Singh ...Petitioner Versus State of Uttarakhand and Others …Respondents Counsel for the Petitioner : Mrs. Prabha Naithani, Advocate Counsel for the Respondent : Mr. M.S. Bisht, No.1 & 3 Brief Holder. Counsel for the Respondent : Mr. Sanjay Bhatt, No.2 Advocate. Hon’ble Alok Kumar Verma,J. The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers :- “(I) Issue a writ, order or direction, in the nature of certiorari quashing the impugned order dated 7.1.2025 issued by respondent no.1 contained as Annexure no.1 to the writ petition. (II) Issue a writ, order or direction, in the nature of mandamus commanding the respondents to provide an opportunity of hearing to the petitioner and such other villagers of Village Durgapur for submitting their objection and thereafter pass an appropriate order after considering the 2025:UHC:510 2 objection thus submitted before the respondent authorities. (III) Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case (IV) Award the cost of the petition.” 2. Heard Mrs. Prabha Naithani, learned counsel for the petitioner, Mr. M.S. Bisht, learned Brief Holder for the respondent nos.1 & 3 and Mr. Sanjay Bhatt, learned counsel for the respondent no.2. 3. Mrs. Prabha Naithani, Advocate, has submitted that the petitioner is a permanent resident of Village Durgapur, Post Garhinegi Jaspur, District Udham Singh Nagar. The population of the Village Durgapur is about 420 but the voter list shows about 1750 voters. She has requested to decide the present writ petition by directing the respondent no.2 to decide the representation of the petitioner for which the petitioner shall submit his representation before the respondent no.2 within two days from today. 4. Mr. M.S. Bisht, Advocate, has requested three days’ time to decide the representation of the petitioner. 5. With the consent of both the parties, the present Writ Petition (WPMS No. 179 of 2025) is disposed of with the direction that if the petitioner 2025:UHC:510 3 moves a representation before the respondent no.2 within two days from today along with e-certified copy of this order, the respondent no.2 shall decide the said representation as expeditiously as possible, but not beyond 17.01.2025. 6. It is made clear that this Court has not expressed any opinion on the merit of the case. __________________ ALOK KUMAR VERMA, J. Dt: 10.01.2025 Shiv/ SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b9 7f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B 24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.10 19:28:03 +05'30'