WPMS/2022/2018
2021 Latest Caselaw 2669 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 28TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
      Writ Petition (M/S) No. 2022 OF 2018
BETWEEN:

Raman Kumar Phutela                       ...Petitioner

     (By Mr. B.S. Adhikari, Advocate)

AND:

State of Uttarakhand & others             ...Respondents

     (By Mr. V.D. Bisen, Brief Holder for the State of
     Uttarakhand and Mr. Lalit Sharma, learned counsel for
     respondent no. 4)

                        JUDGMENT

1. This writ petition was filed in July, 2018 seeking following relief:-

(i) A writ order or direction in the nature of Certiorari quashing the impugned notice dated 11.06.2018 (Annexure-8) issued by the respondent no. 4.

(ii) A writ order or direction in the nature of Mandamus directing the respondents to consider the objection of the petitioner before issuing any order of demolition by giving opportunity of hearing.

2. Petitioner is aggrieved by the notice dated 11.06.2018 issued by Deputy Municipal Commissioner, Nagar Palika Parishad Rudrapur, whereby he has been asked to remove his encroachment from public land.

3. In para 11 of the writ petition, it has been stated that impugned notice has been issued without considering the objection filed by the petitioner.

4. Having regard to the facts of the case, the writ petition is disposed of with direction to the Municipal Commissioner, Nagar Nigam Rudrapur to consider petitioner's objection (if not considered as yet), before removing the encroachment made by him, if already not removed.

(MANOJ KUMAR TIWARI, J.) Aswal