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2026 DAILYLAW 7707 (UTT)

REKHA PANDEY v. STATE OF UTTARAKHAND

WPMS/2022/2026 · 2026-07-07

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010115222026 2026:UHC:5477 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2022/2026 Rekha Pandey and others --Petitioners Versus State Of Uttarakhand and others --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. D.K. Joshi, Advocate for the petitioners. Mr. Ghanshyam Joshi, Additional CSC for the State. Mr. Rahul Consul, Advocate for the respondents. 2. On 29.04.2025, a demolition order was passed by Vice-Chairman, District Level Development Authority, Bageshwar against predecessor-in-interest of the petitioners, namely, late Umesh Chandra Pandey, who passed away on 28.04.2026. 3. Predecessor-in-interest of the petitioners filed appeal under provisions of Uttarakhand Urban and Country Planning and Development Act, 1973 and thereafter he died on 28.04.2026. The appeal, however, was dismissed for want of prosecution on 28.01.2026. 4. Petitioners filed application seeking UKHC010115222026 2026:UHC:5477 substitution in the appeal and also an application for restoring the appeal; however, during pendency of aforesaid two applications, another demolition order has been passed against petitioners on 15.06.2026, whereby petitioners have been given 15 days to demolish their residential house. Thus feeling aggrieved petitioners approached this Court. 5. Learned counsel for petitioners submits that since appeal filed by petitioners against the demolition order is yet to be decided, therefore merely because the appeal was dismissed for non prosecution because of ill health of predecessor-in-interest of petitioners cannot be a valid reason for passing another demolition order. 6. Mr. Rahul Consul, learned counsel appearing for District Level Development Authority, submits that subsequent demolish order was passed on 15.06.2026, as petitioners’ appeal was no more pending on that date. 7. Be that as it may, since the application seeking restoration of the appeal is pending consideration before appellate authority and UKHC010115222026 2026:UHC:5477 petitioners’ prayer for their substitution in the appeal is also to be decided by appellate authority, therefore writ petition is disposed of with a direction to appellate authority to consider application filed by petitioners in appeal within six weeks. Appellate Authority is further directed to finally decide the appeal within 12 weeks. 8. For a period of 12 weeks or till decision is taken, whichever is earlier, status quo, as regards construction raised by petitioners shall be maintained. (Manoj Kumar Tiwari, J.) 07.07.2026 Mahinder/