Uttarakhand High Court
2Th November vs State Of Uttarakhand & Others on 12 November, 2024
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2024:UHC:8379-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE ACTING CHIEF JUSTICE MR. MANOJ KUMAR TIWARI
AND
HON'BLE MR. JUSTICE VIVEK BHARTI SHARMA
WRIT PETITION (PIL) NO. 178 OF 2024
12TH NOVEMBER, 2024
Mohd. Asalam ...... Petitioner
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Alok Kumar, learned counsel
holding brief of Mr. Manish Lohani
Counsel for the respondents : Mr. B.S. Parihar, learned Standing
Counsel with Ms. Puja Banga,
learned Brief Holder for the State /
respondent Nos. 1 to 4
: Mr. B.D. Pande, learned counsel for
respondent No. 5
: Mr. Sanjay Bhatt, learned counsel for
respondent No. 6
The Court made the following:
JUDGMENT:
(per Hon'ble The Acting Chief Justice Mr. Manoj Kumar Tiwari)
According to the petitioner, he is resident of
Village Puchadi, Tehsil Ramnagar, District Nainital.
2024:UHC:8379-DB
However, in the array of parties, he has mentioned that he
is resident of Ward No. 11, Ramnagar, District Nainital,
which indicates that he is residing within municipal limits
of Ramnagar.
2) By means of this writ petition, petitioner has
sought the following reliefs :
"(i) Issue a writ, order or direction in the nature
of mandamus commanding and directing the
respondents to take a fresh decision upon the
representations / objections raised by the residents,
whereby seeking inclusion of Adarsh Nagar, Shakti
Nagar, Corbett Nagar, Shankarpur Khajanchi and
Pyarelal Colony, the urbanized areas of the vicinity of
Village Shankarpur Bhul, Tehsil Ramnagar, District
Nainital strictly within the parameters and factors as
stipulated under Article 243Q(2) of the Constitution of
India..
(ii) Issue a writ, order or direction in nature of
mandamus commanding and directing the
respondents to issue a fresh notification after
considering the parameters as enshrined under Article
243Q(2) of the Constitution of India, in letter and
spirit, to include the urbanized portions of the vicinity
of Village Shankarpur Bhul, Tehsil Ramnagar, District
Nainital."
3) In sum and substance, grievance raised by the
petitioner is that Village Puchadi, of which he is a resident,
2024:UHC:8379-DB
has not been included in the municipal limits of Ramnagar,
while areas which are farther off from the municipal limits
have been so included. Thus, petitioner has sought a
direction to the respondents to take decision on the
representation made by the residents of the area
regarding inclusion of Adarsh Nagar, Shakti Nagar, Corbett
Nagar, Shankarpur Kajanchi and Pyarelal Colony.
4) State Counsel was asked to get instructions in
the matter. Today, on instructions, he submits that
petitioner is not residing at the address as given in the
writ petition; the representation which petitioner
submitted on 19.08.2024 was considered and rejected by
the committee headed by the Chief Development Officer,
Nainital on 28.08.2024, by holding that residents of the
area, who have made representation, are unauthorizedly
occupying government land, therefore, inclusion of those
areas within municipal limits was not found desirable.
5) Copy of the decision so taken by the committee
is supplied to counsel for the petitioner in Court by State
Counsel.
6) Since the committee appointed to consider
objections has taken a decision on the representation
2024:UHC:8379-DB
submitted by the petitioner, and has held that the areas
mentioned by the petitioner in his representation cannot
be included in the municipal limits for reasons indicated in
the order, therefore, there cannot be any direction, as
sought by the petitioner. Since petitioner has not
challenged the decision taken by the committee headed
by the Chief Development Officer, Nainital, therefore, no
relief can be granted to him in this writ petition.
7) In such view of the matter, the writ petition fails
and is dismissed accordingly. No orders as to cost.
_________________________
MANOJ KUMAR TIWARI, A.C.J.
___________________
VIVEK BHARTI SHARMA, J.
Dt: 12TH NOVEMBER, 2024
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Date: 2024.11.14 10:44:57
+05'30'
