2026:UHC:4520 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1335/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Ankush Negi, Advocate for the petitioner. 2. Mr. Atul Bhatt, Standing Counsel for the Union of India/respondents. 3. By means of this writ petition, petitioner has sought the following relief:- “(i) Issue a writ order or direction in nature of mandamus directing and commanding the respondent nos. 1 and 2 not to remove the Dhaba of the petitioners.” 4. According to petitioner, he is running a temporary dhaba near Marwari Bridge in District Chamoli, adjoining Rishikesh-Joshimath-Mana Highway. A show cause notice was issued to him by the Officer Commanding, 75 RCC (GREF), asking him to remove his unauthorised structure. 5. Petitioner contends that as per the definition of expression ‘building’ given in Section 2 (2) of U.P. Roadside Land Control Act, 1945, the structure raised by petitioner in which the shop is being run, does not amount to ‘building’. 6. Per contra, learned Standing Counsel appearing for the respondents refers to the photographs enclosed as Annexure-1 to the writ petition, which clearly indicates that a tin-structure has been raised on iron pipes and pillars. He thus submits that the structure raised by petitioner will come within the definition 2026:UHC:4520 of the expression ‘building’, as the structure raised by petitioner has metallic roof and walls on the side, thus, it qualifies to be a shed, hut and also roofed structure. 7. This Court is prima facie satisfied that the structure raised by petitioner comes within the purview of building. However, without expressing any further opinion on the said aspect, this Court thinks that ends of justice would be met, if petitioner is permitted to submit reply to the competent authority. 8. The writ petition is, accordingly, disposed of by permitting petitioner to submit reply to the show cause notice to competent authority. If he submits reply within three days from today, the same shall be considered and necessary order shall be passed by the competent authority, as per law, within ten days thereafter. For a period of two weeks or till decision is taken on the reply submitted by petitioner, whichever is earlier, status quo as regards the structure raised by petitioner shall be maintained. (Manoj Kumar Tiwari, J.) 08.06.2026 Navin