2025:UHC:5760 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 04th JULY, 2025 WRIT PETITION (M/S) NO.2004 of 2025 Mohit Kumar Garg ..…Petitioner Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioner : Mr. Kaushal Sah Jagati, Advocate with Mr. Yogesh Upadhyay, Advocate. Counsel for the : Mr. Bhupendra Koranga, Respondents Brief Holder. Hon’ble Alok Kumar Verma,J. Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:- “(i) Issue a writ, order or direction in the nature of mandamus by directing the Respondent No.3 (SDM, Jaspur) to take appropriate preventive measures for ensuring that no damage is caused to private property during the Tazia procession to be held in the upcoming Moharram. (ii) Issue a writ order or direction in the nature of mandamus to direct the respondent no.3 to decide the representation dated 03- 7-2025 (Annexure-1) expeditiously and within a stipulated time. 1 2025:UHC:5760 (iii) Further direct the respondents to fix a permissible height limit for Tazia structures, especially for processions that pass through narrow residential areas. (iv) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (v) Award cost of the petition.” 2. Heard Mr. Kaushal Sah Jagati, learned counsel with Mr. Yogesh Upadhyay, learned counsel for petitioner and Mr. Bhupendra Koranga, learned Brief Holder for respondents. 3. Mr. Kaushal Sah Jagati, Advocate, submitted that the petitioner is a resident of Jaspur, District Udham Singh Nagar. During the Tazia procession, the respondents are going to damage the property of the petitioner-Mohit Kumar Garg. He submitted his representation (Annexure No.1 to the Writ Petition) to Sub-Divisional Magistrate, Jaspur, District Udham Singh Nagar. The said representation is still pending. 4. Mr. Kaushal Sah Jagati, Advocate, has requested to decide the present writ petition directing the Sub-Divisional Magistrate, Jaspur, District Udham Singh Nagar, respondent no.3, to decide the said representation (Annexure No.1) before the Tazia 2 2025:UHC:5760 procession takes place. 5. The said request has not been opposed by the respondents. 6. With the consent of the parties, the present Writ Petition (M/S No.2004 of 2025) is disposed of directing the respondent no.3 to decide the petitioner’s representation (Annexure No.1 to the Writ Petition) before the Tazia procession takes place. ___________________ ALOK KUMAR VERMA, J. Dt:04.07.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b 08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6 BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.07.04 18:11:07 +05'30'