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2026 DAILYLAW 10247 (UTT)

MRS ASHKARA v. STATE OF UTTARAKHAND

WPMS/2544/2026 · 2026-08-19

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010147952026 2026:UHC:7465 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2544/2026 Mrs Ashkara and another --Petitioners Versus State of Uttarakhand and another --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Vijay Bhatt, Senior Advocate, assisted by Mr. Nishant Krishna Adhikari and Mr. Priyank Kharkwal, Advocates for the petitioners. 2. Mr. Ghanshyam Joshi and Mr. K.S. Mehta, Additional Chief Standing Counsel for the State/respondent no. 1. 3. Mr. Sandeep Kothari, Advocate for respondent no. 2. 4. Petitioners are aggrieved by order of sealing, passed against them under Section 28-A of Uttarakhand Urban and Country Planning and Development Act, 1973. 5. It is contended that petitioners were not given opportunity of hearing before passing the sealing order. The contention raised is bereft of merit, as Section 28-A of the Act does not contemplate any hearing while passing sealing order. 6. Since petitioners have remedy of appeal under Section 28-A(4) of the aforesaid Act, therefore, the writ petition is disposed of with liberty to petitioners to file appeal. If they file UKHC010147952026 2026:UHC:7465 appeal by 26.08.2026, decision thereupon shall be taken, as per law, within three months thereafter. It shall be open to petitioners to apply for interim relief before the Appellate Authority. Only till 26.08.2026, status quo as on today shall be maintained, subject to petitioners giving undertaking in the form of affidavit that they will neither undertake any commercial activity, in their premises nor any construction shall be raised by them. (Manoj Kumar Tiwari, J.) 19.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb 4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653 D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.08.19 18:36:27 +05'30'