2025:UHC:10790-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON’BLE SRI JUSTI CE SUBHASH UPADHYAY 0 4 TH DECEMBER, 2 0 2 5 W RI T PETI TI ON ( M/ B) No. 9 76 OF 2 0 2 5 Jitendra Verma. …Petitioner Versus State of Uttarakhand and another. …Respondents With W RI T PETI TI ON ( M/ B) No. 9 78 OF 2 0 2 5 Subhash Gupta. …Petitioner Versus State of Uttarakhand and another. …Respondents W RI T PETI TI ON ( M/ B) No. 9 79 OF 2 0 2 5 Ramkumar. …Petitioner Versus State of Uttarakhand and another. …Respondents Counsel for the petitioners. : Mr. Akshay Pradhan, Mr. Vishal Kumar Nautiyal & Ms. Shalini Thakral, learned counsels. Counsel for respondent no. 1. : Mr. Gajendra Tripathi, learned ACSC for the State of Uttarakhand. Counsel for respondent no. 2. : Mr. Ashutosh Thakral, learned counsel. COMMON JUDGMENT : (per Sr i G. Nar en dar , C.J.) Heard the learned counsel for the petitioners, learned ACSC for the State, and learned counsel for the Nagar Palika. 2. Counsel for the petitioners would submit that the procedure, as stipulated by the Hon’ble Apex Court, and as mandated by this Court, is being violated, i.e. an opportunity of hearing is not being provided to the noticees; & that action is about to commence for demolition of the structures. 3. Per contra, learned counsel for the Nagar Palika would submit that no demolition action has been initiated as yet, and that show-cause notices have been issued, and replies received; and that the replies are under consideration; and that 1 2025:UHC:10790-DB an opportunity of hearing would be given to the parties by intimating them in writing, and obtaining their acknowledgement, and that the parties would be heard on the date, so fixed by the respondent-Nagar Palika. 4. In that view, we are of the opinion that instant Writ Petitions can be disposed of by placing on record the submission of the learned counsel for the Nagar Palika. 5. Accordingly, the noticees shall be notified of a date of personal hearing, and thereafter the Nagar Palika shall pass fresh reasoned orders on the merits and demerits of the claims raised by the noticees. It is made clear that the demolition action shall be kept in abeyance till the completion of personal hearing, and passing of reasoned orders. The hearing and passing of reasoned orders shall be within an outer limit of four weeks from today. 6. The Writ Petitions stand ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ __ _ _ G. NARENDAR, C.J. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ SUBHASH UPADHYAY, J. Dt: 04th December, 2025 Rahul 2 RAHUL PRAJAPA TI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61 bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FC AD15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.12.05 11:26:49 +05'30'