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2025 DAILYLAW 14170 (UTT)

RISHI RAM CHANDRIYAL v. STATE OF UTTARAKHAND

WPMS/3282/2025 · 2025-12-01

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10690 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3282/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Mahesh Chandra Pant and Mr. Manish Kumar, Advocates for petitioner. Mr. Suyash Pant, Standing Counsel for the State. 2. Sub Divisional Magistrate, Ukhimath (Rudraprayag) issued a notice inviting tender on 06.04.2025, inviting bids for four parking lots at the following places i.e. (i) Sonprayag, (ii) Kalimath Gate, (iii) Gaurikund and (iv) Sitapur (with ten shops). Petitioner’s bid was found to be the highest for all the four parking lots and he was awarded contract. 3. Petitioner is aggrieved by recovery citation issued by Tehsildar, Rishikesh for recovery of Rs. 32,40,000/- towards pending dues against the aforesaid contract. 4. Learned counsel for petitioner submits that petitioner had made representations from time to time to concerned authorities that he is not being permitted to run parking lots at Kalimath Gate by local people; he was not handed over possession of ten shops which were part of contract at Sitapur; he had suffered loss amounting to more than Rs. 28.00 lakh in respect of parking lot at Gaurikund. He further submits that petitioner had deposited Rs. 2025:UHC:10690 14,55,000/- in respect of parking lots, while the authorities are contending that petitioner deposited only Rs. 11.00 lakh. 5. Learned State Counsel, however, submits that these factual disputes cannot be decided in a writ petition. He further submits that if petitioner has any grievance against recovery citation, then he can approach Chairman of the Parking Committee, namely SDM/Joint Secretary, District Level Development Authority, Ukhimath (Rudraprayag). 6. This Court finds substance in the submission made by learned State Counsel. The writ petition is, accordingly, disposed of by permitting petitioner to make representation before the Chairman of Parking Committee/SDM/Joint Secretary, DLDA within one week from today. If petitioner makes such representation within stipulated time, decision thereupon shall be taken within three weeks thereafter. 7. For a period of four weeks or till decision is taken by Chairman of the Committee, whichever is earlier, no coercive action shall be taken against petitioner pursuant to impugned recover citations. (Manoj Kumar Tiwari, J.) 01.12.2025 Mahinder/ 2025:UHC:10690