Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 7613 (UTT)

SUDEEP KUMAR v. NAGAR NIGAM HALDWANI

WPMS/1996/2026 · 2026-07-06

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010113022026 2026:UHC:5391 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1996/2026 Sudeep Kumar --Petitioner Versus Nagar Nigam Haldwani --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Bhupendra Singh, Advocate for the petitioner through video conferencing. Mr. Ashish Joshi, Advocate for the respondent. 2. According to petitioner, he was desirous of opening a Food Plaza over a piece of land belonging to a company in which petitioner is one of a shareholder/Director. 3. By means of this writ petition, he has sought the following reliefs: “(i) Issue a writ, order or direction in the nature of mandamus commanding the Respondent to act in furtherance of its Letter No. 2287/9/ Marketing Department dated 02.02.2026 (Annexure No. 1 at Pages 15-17), preferably within a period of one week or within such period as this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the present case, in the interest of justice. (ii) Issue a writ, order or direction in the UKHC010113022026 2026:UHC:5391 nature of mandamus commanding the Respondent to decide the Representation submitted by the Petitioner, by passing a speaking and well-reasoned order, in the interest of justice.” 4. Learned counsel for the Nagar Palika Parishad submits that petitioner was asked to get NOC from other shareholders/directors of the company; however, petitioner failed to submit NOC as required. 5. Learned counsel for the petitioner submits that petitioner wants to set up Food Plaza over his share in the land belonging to the company, therefore the insistence by the Municipal Authorities for NOC from other shareholders/directors, is without any reason. 6. Learned counsel for Nagar Palika Parishad, however, submits that company has a corporate personality, therefore unless all the directors/shareholders of the company give their consent for setting up Food Plaza, permission cannot be granted. 7. Be that as it may, since learned counsel for the petitioner has confined relief and has sought a direction to Chief Municipal Officer ¼eq[; uxj vf/kdkjh½ to take decision on the representation submitted by petitioner on 22.04.2026. UKHC010113022026 2026:UHC:5391 8. The writ petition is, accordingly, disposed of with a direction to Chief Municipal Officer to take decision on petitioner’s representation, one way or the other, within four weeks from date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 06.07.2026 Mahinder/