2025:UHC:10828-DB HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Bench No. 1035 of 2025 05 December, 2025 Surendra Kumar --Petitioner Ver su s Nagar Palika Parishad & Others --Respondents -------------------------------------------------------------- Pr esen ce:- Mr. Rahul Consul, learned counsel for the petitioner Mrs. Seema Sah, learned counsel for respondent no.1-Nagar Palika Parishad Mr. P.C. Bisht, learned Additional C.S.C. for the State of Uttarakhand -------------------------------------------------------------- JUDGMENT: ( per Sr i Subh ash Upadh yay, J.) Heard Shri Rahul Consul, learned counsel for the petitioner, Smt. Seema Sah, learned counsel appearing for Nagar Palika Parishad and Shri P.C. Bisht, learned Additional C.S.C. for the State. 2. This writ petition has been filed for the following reliefs: - “i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice/ order dated 27.11.2025 passed by respondent no.1. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent not to demolish the structure / residential construction of the petitioner without following the due process of law as required and 1 2025:UHC:10828-DB directed by the Hon’ble Apex Court in the case of In Re’ Directions in the Matter of Demolition of Structures (Writ Petition (Civil) No.295/ 2022).” 3. Learned counsel for the petitioner submits that the impugned order dated 27.11.2025 has been passed in utter violation of the orders passed by this Court as well as the orders passed by the Hon’ble Apex Court in the case of In Re: Directions in the Matter of Demolition of Structures (Writ Petition (Civil) No.295/ 2022). 4. Learned counsel for the Nagar Palika would submit that directions issued by the Hon’ble Apex Court in the case of In Re: Directions in the Matter of Demolition of Structures (Writ Petition (Civil) No.295/ 2022) shall be duly complied with in their entirety. 5. In that view, we are of the opinion that instant Writ Petition can be disposed of by placing on record the submission of the learned counsel for the Nagar Palika. 6. Accordingly, the noticee shall be notified of a date of personal hearing, and thereafter the Nagar 2 2025:UHC:10828-DB Palika shall pass fresh reasoned orders on the merits and demerits of the claim raised by the noticee. 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. 7. The Writ Petition stand ordered accordingly. 8. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ( G. NARENDAR, C.J.) ( SUBHASH UPADHYAY, J.) Dated: 05.12.2025 Rajni 3 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448a c3701a9ae475a2547e4b7f1d9b1f17d01342 , postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4 FC80D4557562F95BEBA013F530616A158A 0A878BD8, cn=RAJINI GUSAIN Date: 2025.12.05 16:34:31 +05'30'