2025:UHC:4330-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 23rd MAY, 2025 WRIT PETITION (M/B) NO. 256 OF 2025 M/s ABCI Infrastructure Pvt. Ltd. …...Petitioner Versus Deputy Commissioner & others …..Respondents Counsel for the Petitioner : Mr. Rohit Arora, learned counsel. Counsel for the State : Ms. Pooja Banga, learned Brief Holder. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner and learned Brief Holder for the State. 2. It is the case of the petitioner that a pre-show- cause notice has not been issued to the petitioner, and hence, the impugned order warrants interference. The fact remains that the show-cause notice came to be issued in accordance with law and the reply was also effected by the petitioner and the matter has been heard and decided on merits. 3. Having participated in the inquiry pursuant to the show-cause notice and having agitated the matter on merits, the petitioner cannot be permitted to turn around at this stage to harp on a pre-show-cause notice to take the impugned order with illegality. The petitioner having 1 2025:UHC:4330-DB participated and agitated the matter on merits has acquiesced and waived the requirement for a pre-show- cause notice. 4. In that view and also in view of the fact that the petitioner has an alternative remedy by way of an appeal, the instant writ petition is disposed of with liberty to the petitioner to seek redressal before the Appellate Body. 5. Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 23rd May, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616905604 87E670C, cn=NISHANT KUMAR Date: 2025.05.29 11:30:15 +05'30'