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2026 DAILYLAW 7198 (UTT)

NIRUPENDRA KUMAR PANDE v. STATE OF UTTARAKHAND

WPMS/1867/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010105532026 2026:UHC:4937 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1867/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate, for the petitioner. Mr. Ghanshyam Joshi, Additional CSC, for the State. Mr. Pankaj Chaturvedi, Advocate, with Ms. Neeti Rana, Advocate, for the Uttarkahand Jal Sansthan. (2) Petitioner is running a Home Stay, which is registered with Uttarakhand Tourism Development Board. Petitioner is aggrieved by a notice, issued to him by Additional Assistant Engineer, Uttarkhand Jal Sansthan, Kotabagh, whereby petitioner has been asked to convert his domestic water connection to commercial water connection. Petitioner contends that he is covered by Deen Dayal Upadhayay Home Stay Development Scheme Rules, 2018, which were notified in the official gazette on 20.4.2018, and as per Rule 4(2) of the said rules, electricity and water shall be supplied to Home Stay as per the rates applicable to domestic connections. Thus it is contended that the notice issued to petitioner, whereby he has been asked to convert the water connection to commercial, is unsustainable. It is further contended that petitioner was not given any notice or opportunity of hearing before asking him to convert the nature of connection. (3) Learned Counsel appearing for Uttarakhand Jal Sansthan concedes that no notice, prior to the impugned notice, was issued to petitioner. He submits that he has UKHC010105532026 2026:UHC:4937 no objection if petitioner is permitted to give reply to the impugned notice and he can raise all his contentions in the reply. (4) Writ petition is, accordingly, disposed of by permitting the petitioner to submit reply to the impugned notice within three weeks. If petitioner submits reply within the stipulated time, then the competent authority in Uttarakhand Jal Sansthan shall take decision thereupon, as per law, within nine weeks thereafter. For a period of twelve weeks or till decision is taken, whichever is earlier, no coercive action shall be taken against the petitioner, pursuant to impugned notice. (Manoj Kumar Tiwari, J.) 17.6.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.17 17:13:00 +05'30' UKHC010105532026 2026:UHC:4937