Mukesh Jain vs State Of Uttarakhand And Others
2023 Latest Caselaw 2010 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 2133 of 2023

Mukesh Jain                                 ..............Petitioner

                               Versus

State of Uttarakhand and others ..........Respondents
Present:-
              Ms. Anjali Bhargava, Advocate for the petitioner.
              Mr. T.S. Phartiyal, Additional Chief Standing Cousnel
              for respondent nos.1, 2 and 4.
              Mr. Rahul Consul, Advocate for respondent no.3.

                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to an

order dated 22.07.2023, passed by the office of the

respondent no.3, Mussoorie Dehradun Development

Authority (for short, "the development authority"), by

which, the petitioner has been directed to remove illegal

constructions or else, the development authority would

demolish it forcibly.

2. Heard learned counsel for the parties and

perused the record.

3. Yesterday, when the matter was taken up,

learned State counsel was required to get instructions, as

to what order has been passed in the interim relief

application that according to the petitioner, has been filed

by him in the appeal, preferred against the order sealing

of the premises?

4. Today, learned counsel appearing for the

respondent no.3, under instruction, would submit that

the order of demolition has already been stayed in the

appeal.

5. The Court takes on record the statement given

by the learned counsel appearing for the respondent no.3.

6. Learned counsel for the petitioner would

submit that in view of the statement given by the learned

counsel for the respondent no.3, nothing survives in this

petition, it may be disposed of accordingly.

7. Since a statement has been given by the

learned counsel for the respondent no.3 that the order of

demolition has already been stayed in an appeal, nothing

survives in this petition. The petition stands disposed of

accordingly. In case, any cause of action still survives, the

petitioner is always free to raise the issue, as is

permissible under law.

(Ravindra Maithani, J.) 01.08.2023 Sanjay