WPMS/454/2021
2021 Latest Caselaw 497 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
        ON THE 25th DAY OF FEBRUARY, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 454 of 2021



BETWEEN:
      Pleasant Valley Foundation                   ....Petitioner
      (Mr. M.S. Pal, Senior Advocate, assisted by Mr. Sachin,
      Advocate)




AND:
      State of Uttarakhand and another
                                               ....Respondents
      (Mr. Vinod Nautiyal, Deputy Advocate General for the State of
      Uttarakhand/respondents)



                         JUDGMENT

Petitioner is running a school in Village Dada Kanda, District Almora. Petitioner is aggrieved by an order dated 16.02.2021, passed by Tehsildar, Almora, whereby petitioner has been asked to remove the gate, alleged to have been constructed by the petitioner by encroaching public land, failing which, the administration shall remove the same, at the cost and expense of the petitioner.

2. The principal ground, on which the order impugned is challenged, is that petitioner was not heard while passing the said order.

3. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to make representation against the aforesaid order of Tehsildar, which shall be treated as petitioner's reply. Such representation shall be made within two weeks from today and Tehsildar, Almora shall take decision thereupon and pass fresh order, within six weeks thereafter.

4. For a period of eight weeks' or till decision is taken, whichever is earlier, status quo, qua the school gate, shall be maintained.

(MANOJ KUMAR TIWARI, J.) Navin