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2025 DAILYLAW 16079 (UTT)

MANOJ SAINI v. NAGAR NIGAM ROORKEE

WPMS/3540/2025 · 2025-12-23

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11536 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 5 4 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Parikshit Saini, Advocate, for the petitioner. Mr. Lalit Miglani, Advocate, for the respondent. (2) According to petitioner, due to mistake, he deposited rupees twenty lakhs with Nagar Nigam, Roorkee through online RTGS from his own account, although he was liable to deposit only rupees two lakhs. In this writ petition, petitioner has sought the following reliefs: “I. Issue a writ, order or direction in the nature of Mandamus directing the Respondent to forthwith refund the sum of Rs. 20,00,000/ - (Rupees Twenty lakhs only), which was erroneously deposited with the Respondent by the petitioner. II. Issue any other writ order or direction in the nature of Mandamus directing the Respondent to pay Interest on the said amount at such rate as this Hon’ble Court may deem fit and proper, from the date of deposit till the date of actual refund.” (3) Learned Counsel appearing for Nagar Nigam, Roorkee, however, submits that as per the stand taken by the petitioner, he entered into negotiations with one Mr. Sanjeev Kumar, who was granted lease of a shop belonging to Nagar Nigam, for transfer of the said lease. He submits that as per rules, Nagar Nigam has to be taken into confidence before transfer of any lease by a lease holder, however Nagar Nigam was not informed about any such negotiation. He submits that it is yet to be ascertained as to whether the amount, which petitioner claims to have deposited, was actually deposited by him and the purpose for which the said amount was deposited is also 2025:UHC:11536 yet to be ascertained. He submits that there are various other issues, which will be required to be gone into before taking the call. He submits that a Committee has been constituted by the Municipal Commissioner vide order dated 27.10.2025 and the said committee is to submit its report within four months and only then final decision can be taken. (4) Writ petition is, accordingly, disposed of with a direction to Municipal Commissioner to take decision, based on the report to be submitted by the Committee constituted vide order dated 27.10.2025, as per law, within four weeks from the date of receipt of the report. ( Man oj Ku m ar Tiw ar i, J.) 2 3 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE 53, cn=PRABODH KUMAR Date: 2025.12.24 10:06:15 +05'30' 2025:UHC:11536