2025:UHC:9927 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3072/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Amish Tewari, Advocate for the petitioner. 2. Mr. Rahul Verma, Additional Advocate General for the State of Uttarakhand/respondent nos. 1 to 3. 3. By means of this writ petition, petitioner has sought the following reliefs:- “(i) A writ, order or direction in the nature of mandamus directing the respondent no. 1 to take appropriate action against the respondent no. 4 under the provision of section-13(d) & (n) read with section 40 (b) of the Municipality Act, 1960. (ii) A Writ, order or direction in the nature of mandamus directing the respondents to take appropriate action in pursuance of the order passed by the Director Urban Development Directorate, Uttarakhand, Dehradun to the respondent no. 2 i.e. District Magistrate, Bageshwar vide letter date 23.07.2025 (Annexure No. 10).” 4. Learned counsel for the petitioner submits that respondent no. 4 was elected as President of Nagar Panchayat, Garur, District Bageshwar in the last election. He submits that respondent no. 4 has raised construction over public land situate on the roadside by encroaching the same, thus, she is disqualified from continuing as President, in view of the provisions contained under Municipalities Act. He submits that petitioner has made representation to 2025:UHC:9927 the competent authority, who may be asked to take decision in the matter, expeditiously. 5. Learned State Counsel, however, submits that even though petitioner has made a representation, but, it was not made to the competent authority. Thus, he submits that unless the representation is made to the competent authority, no decision can be taken in the matter. 6. The writ petition is, accordingly, disposed of with liberty to the petitioner to make representation to the Secretary, Urban Development (respondent no. 1). If petitioner makes such representation within two weeks from today, Secretary concerned shall take decision thereupon within six months thereafter. It goes without saying that respondent no. 4 and other stakeholders, if any, shall also be heard before taking any decision. (Manoj Kumar Tiwari, J.) 11.11.2025 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=3be23325146e76a0642bdf4943fb9046 f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.11.12 09:50:02 +05'30'