WPMS/1426/2021
2021 Latest Caselaw 2645 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 27TH DAY OF JULY, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRITPETITION (M/S) No. 1426 of 2021

BETWEEN:

Mukesh Joshi & another.                     ...Petitioners
     (By Mr. Sandeep Kothari, Advocate)

AND:
State of Uttarakhand & others.            ....Respondents

     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)




                     JUDGMENT

By means of this writ petition, petitioners have sought the following relief:

"a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned show cause notice dated 14.07.2021 (Annexure No.-9) issued by the respondent no.-2 to the extent, whereby, till the reply submitted/authority is shown to the respondent no.-2, the operation of the buses/vehicles from the parking of the petitioners has been prohibited."

2. Learned Standing Counsel has raised a preliminary objection that the writ petition is premature, as the petitioners have challenged the show cause notice.

3. As is apparent from the relief clause, this writ petition has been filed against a show cause notice, therefore, this Court finds substance in the contention raised by learned Standing Counsel that the writ petition is premature.

4. Learned counsel for the petitioners submits that petitioners have given reply to the show cause notice on 17.07.2021.

5. If that is so, the Regional Transport Officer, Dehradun shall consider petitioners' reply and pass appropriate order, in accordance with law, as early as possible; but, not later than ten days' from the date of production of certified copy of this order.

6. The writ petition is, accordingly, disposed of.

7. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Arpan