Pitamber Dutt Pohkhariya vs State Of Uttarakhand And Others
2021 Latest Caselaw 371 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                       Writ Petition (M/S) No. 386 of 2021

Pitamber Dutt Pohkhariya                                      ......... Petitioner

                                          Vs.
State of Uttarakhand and others                               .......Respondents



Present:   Mr. Ami Kapri, Advocate for the petitioner.
           Mr. J.S. Bisht, Standing Counsel for the State.

                                     JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks the following reliefs:- "(i) Issue a writ order or direction in the nature of certiorari quashing the auction notice dated 13.01.2021 issued by the Assistant Collector, 1st Class, Haldwani, Nainital (Annexure No. 9 to this petition).

(ii) Issue any other or further order which this Hon'ble Court deems fit and proper under the facts and circumstances of the case.

(iii) To award the cost of petition."

2. Heard learned counsel for the parties and perused the record.

3. According to the petitioner, he made a pond. For the purpose of disposing of the boulders, which were recovered in the process, he sought permission, but for nonpayment of royalty, a fine of Rs.3,12,420/- has been imposed upon him. It was challenged by the petitioner in WPMS No. 2292 of 2020, which was disposed of on 04.12.2020 with the direction that the revisional authority shall entertain and decide the petitioner's revision on merit as early as possible.

4. Learned counsel for the petitioner would submit that he has already submitted his revision. Arguments have been heard in the revision and matter is kept for judgment, but in the meanwhile, process for auction is being carried out.

5. This Court is of the view that since pursuant to the order of this Court, revision is being heard, it would be in the interest of justice, if the process of recovery is kept in abeyance till the decision on revision. The process of recovery shall remain in abeyance till the revision filed by the petitioner is decided by the competent authority.

6. The writ petition is disposed of accordingly.

7. Stay Application No. 2 of 2021 also stands disposed of accordingly.

(Ravindra Maithani, J.) Vacation Judge 19.02.2021 Jitendra