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2026 DAILYLAW 6592 (UTT)

THE BOUGAINVILLA HOME STAY v. STATE OF UTTARAKHAND

WPMS/1649/2026 · 2026-06-08

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:4547 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1649/2026 With WPMS/1650/2026 WPMS/1697/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajat Mittal, Advocate for the petitioner. Mr. Paritosh Dalakoti, Advocate for the petitioner in WPMS No. 1697 of 2026. Mr. Yogesh Pandey, Deputy Advocate General with Ms. Swati Verma, Brief Holder for the State. Mr. Sandeep Kothari, Advocate for Uttarakhand Tourism Development Board. 1. Since common questions of facts and law are involved in these petitions, therefore, these are being heard and decided together. However, for the sake of brevity and convenience, facts of Writ Petition (MS) No. 1649 of 2026, alone are being considered and discussed. 2. Petitioner in WPMS No. 1649 of 2026 is running home-stay in District Dehradun in the name and style of “Bougainvill Home Stay”, which is duly registered with District Tourism Development Board. 3. Registration of petitioner’s home-stay was cancelled by District Tourism Development Officer vide order dated 15.05.2026, which is under challenge in these writ petitions. 4. It is contended that neither any opportunity of hearing was given to the petitioner nor any reason has been assigned for cancelling the registration. 5. It is contended that Rule 10(3) of vfrfFk&mRRjk[k.M x`g vkokl ¼gksx LVs½ fu;ekoyh 2015 is also 2026:UHC:4547 violated, which provides issuance of show cause notice before cancelling registration of any home- stay. 6. Mr. Sandeep Kothari, learned counsel appearing for Uttarakhand Tourism Development Board concedes that order impugned is unsustainable in the eyes of law. He submits that he has no objection if impugned order is set aside, reserving liberty to the competent authority to pass fresh order, as per law. 7. In view of the statement made by learned counsel for Uttarakhand Tourism Development Board, impugned order dated 15.05.2026 is quashed. 8. The writ petitions are allowed. 9. However, it shall be open to the competent authority to pass fresh order, as per law, in respect of the home-stay concerned after providing opportunity of hearing. 10. It shall also be open to the competent authority to make fresh inspection of the home-stay before initiating proceeding for cancellation of registration. 11. (Manoj Kumar Tiwari, J.) 08.06.2026 Mahinder/