HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1641 of 2025 (M/S) Mahesh Kumar ….......Petitioner Vs. State of Utarakhand and others ……....... Respondents Present : Mr. Shobhit Saharia, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State/respondent no.1. Mr. Sandeep Kothari, Advocate for respondent nos.2 and 3. Mr. S.K. Jain, Senior Advocate assisted by Mr. Siddharth Jain, Advocate for respondent no.4. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the orders dated 04.04.2025 as well as 27.05.2025, passed by the respondent no.3, the Vice Chairman, Haridwar Roorkee Development Authority, Haridwar (“the Authority”). 2. Heard learned counsel for the parties and perused the record. 3. At the very outset, learned counsel for the Authority would submit that the petitioner has an alternative efficacious remedy by way of filing an application under Section 15(9) of the Uttarakhand Urban and Country Planning and Development Act, 1973 (“the Act”). 4. Learned counsel for the petitioner would submit that the respondent no.4 wants to develop a colony, for which purpose, he has submitted a false affidavit; the Revenue Officer concealed the fact that the land on which the development is proposed is under litigation in a Revenue Suit and some part of the land has 2 also been attached under Section 14 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. He seeks permission to withdraw the writ petition with the liberty to file an application under Section 15(9) of the Act. He submits that till the time he files application, the effect and operation of the impugned orders shall remain in abeyance or else, the respondents may start development on the land. 5. Learned counsel for the respondents have no objection to the proposition, as given by the learned counsel for the petitioner. 6. The writ petition is dismissed as withdrawn with the liberty to the petitioner to approach the Authority under Section 15(9) of the Act. For this purpose, for next four working days, the effect and operation of the impugned orders shall remain in abeyance. 7. The writ petition stands disposed of accordingly. (Ravindra Maithani, J.) 24.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd 504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.06.26 11:54:00 +05'30'