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2026 DAILYLAW 7206 (UTT)

MUKUL KUMAR v. STATE OF UTTARAKHAND

WPMS/1759/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010098462026 2026:UHC:4930 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1759/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Saurabh Kumar Pandey, Advocate for the petitioner. 2. Mr. Ghanshyam Joshi, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent no. 1. 3. Mr. S.S. Chauhan, Advocate for respondent nos. 2, 3 & 4. 4. Petitioner owns immovable property in Village Mandawali, Tehsil Roorkee, District Haridwar. His building has been sealed by Haridwar-Roorkee Development Authority, vide order dated 01.06.2026, which is under challenge in this writ petition. 5. Learned counsel for the petitioner submits that petitioner raised construction after getting sanction from the Development Authority, therefore, the sealing is without any authority of law. 6. Learned counsel for the Development Authority, however, submits that petitioner raised construction in violation of sanctioned plan and his compounding application was rejected, against which petitioner has filed an appeal, which was dismissed on 19.01.2026 and the Appellate Authority directed the petitioner to maintain status quo. He submits that despite that order of status quo, UKHC010098462026 2026:UHC:4930 petitioner was raising construction; therefore, sealing order was passed. He further submits that petitioner has remedy of filing revision under Section 7- A of Uttarakhand Urban and Country Planning and Development Act, 1973 before Joint Chief Administrator. 7. Learned counsel for the petitioner do not dispute the submission that petitioner has statutory remedy of filing revision. 8. In such view of the matter, the writ petition is disposed of with liberty to petitioner to file revision before the competent authority. If he files revision within fifteen days, decision thereupon shall be taken, as per law within three months thereafter. Till decision in the revision, status quo qua construction raised by the petitioner shall be maintained. (Manoj Kumar Tiwari, J.) 17.06.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.06.18 09:52:01 +05'30'