WPMS/149/2022
2022 Latest Caselaw 252 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 15TH DAY OF FEBRUARY, 2022
                        BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 149 of 2022
BETWEEN:

Rizwana                                 ... Petitioner
     (By Mr. Deep Chandra Joshi, Advocate)

AND:

State of Uttarakhand & another          ... Respondents

     (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
     State and Mr. D.C.S. Rawat, learned counsel for
     respondent no. 2)


                      JUDGMENT

1. Heard learned counsel for the parties through video conferencing.

2. Petitioner purchased land for construction of a residential house and she applied for permission to construct the house. Necessary permission was granted by the Competent Authority, however, by the impugned order, the permission has been suspended on the ground that petitioner does not have an approachable road and petitioner has also been asked to show cause in the matter.

3. Learned counsel for the petitioner submits that petitioner has submitted reply to the show cause notice but the Competent Authority is yet to take decision in the matter.

4. Mr. D.C.S. Rawat, learned counsel appearing for respondent no. 2 has assured the Court that the Competent Authority will take decision in the matter as early as possible, but not later than one week from today.

5. In such view of the matter, the writ petition is disposed with a direction to the Secretary, District Level Development Authority to take decision in the matter, after considering the reply submitted by the petitioner, as per law, within one week from the date of production of certified copy of this order.

6. Till decision is taken on petitioner's reply impugned order shall be kept in abeyance.

7. Let certified copy of this order be supplied to the parties within 24 hours, on payment of usual charges.

(Manoj Kumar Tiwari, J.) Aswal