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2025 DAILYLAW 6446 (UTT)

NAGAR PALIKA PARISHAD MUSSOORIE v. STATE OF UTTARAKHAND

WPMS/1358/2025 · 2025-05-09

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3751 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1358/2025 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. B.N. Maulekhi, learned counsel for the petitioner. 2. Mr. Yogesh Chandra Tewari, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Rahul Consul, learned counsel for MDDA-respondent no. 3. 4. Nagar Palika Parishad, Mussoorie has filed this writ petition, seeking the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari to quash/set-aside the impugned judgment and order dated 05.05.2025 (Annexure No. 1) passed by the respondent no. 2 and impugned order/letter dated 05.05.2025 (Annexure No. 2) passed by the respondent no. 3. (ii) Issue a writ of mandamus or any other appropriate direction directing the respondent no. 3 not to demolish the suit property during pendency of the writ petition. 5. Petitioner is aggrieved by the demolition order passed by Mussoorie Dehradun Development Authority under Section 27 of Uttarakhand Urban & Country Planning and Development Act, 1973. He is also challenging the order passed by Appellate Authority on 05.05.2025, whereby his appeal was dismissed. 2025:UHC:3751 6. Since petitioner has remedy of revision before the Uttarakhand Housing Development Authority, therefore, this Court is not inclined to interfere in the writ petition. The writ petition is, therefore, disposed of with liberty to petitioner to approach the appropriate Authority by filing revision. For a period of ten days from today, status quo qua structure in question shall be maintained. 7. Let certified copy of this order be supplied to the parties today itself on payment of usual charges, as per rule. (Manoj Kumar Tiwari, J.) 09.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.09 19:29:30 -07'00'