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Uttarakhand High Court
4 December vs Nagar Palika Parishad & Others on 4 December, 2025
2025:UHC:10812-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Bench No. 1031 of 2025
04 December, 2025
Vijay Laxmi --Petitioner
Versus
Nagar Palika Parishad & Others --Respondents
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Presence:-
Mr. Rahul Consul, learned counsel for the petitioner
Mrs. Seema Sah, learned counsel for respondent no.1-Nagar Palika Parishad
Mr. P.C. Bisht, learned Additional C.S.C. for the State of Uttarakhand
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JUDGMENT:
(per Sri Subhash Upadhyay, J.)
Heard Shri Rahul Consul, learned counsel for
the petitioner, Smt. Seema Sah, learned counsel
appearing for Nagar Palika Parishad and Shri P.C. Bisht,
learned Additional C.S.C. for the State.
2. This writ petition has been filed for the
following reliefs:-
"i) Issue a writ, order or direction in the nature of
certiorari quashing the impugned notice/order
dated 27.11.2025 passed by respondent no.1.
ii) Issue a writ, order or direction in the nature of
mandamus commanding and directing the
respondent not to demolish the structure /
residential construction of the petitioner without
following the due process of law as required and
2025:UHC:10812-DB
directed by the Hon'ble Apex Court in the case of
In Re' Directions in the Matter of Demolition of
Structures (Writ Petition (Civil) No.295/2022)."
3. Learned counsel for the petitioner submits
that the impugned order dated 27.11.2025 has been
passed in utter violation of the orders passed by this
Court as well as the orders passed by the Hon'ble Apex
Court in the case of In Re: Directions in the Matter of
Demolition of Structures (Writ Petition (Civil)
No.295/2022).
4. Learned counsel for the Nagar Palika would
submit that directions issued by the Hon'ble Apex Court
in the case of In Re: Directions in the Matter of
Demolition of Structures (Writ Petition (Civil)
No.295/2022) shall be duly complied with in their
entirety.
5. In that view, we are of the opinion that
instant Writ Petition can be disposed of by placing on
record the submission of the learned counsel for the
Nagar Palika.
6. Accordingly, the noticee shall be notified of a
date of personal hearing, and thereafter the Nagar
2025:UHC:10812-DB
Palika shall pass fresh reasoned orders on the merits
and demerits of the claim raised by the noticee. It is
made clear that the demolition action shall be kept in
abeyance till the completion of personal hearing, and
passing of reasoned orders. The hearing and passing of
reasoned orders shall be within an outer limit of four
weeks from today.
7. The Writ Petition stand ordered accordingly.
8. As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
(G. NARENDAR, C.J.)
(SUBHASH UPADHYAY, J.)
Dated: 04.12.2025
Rajni
RAJINI
2.5.4.20=97cfa6e4cbd49c07b876db48448a
c3701a9ae475a2547e4b7f1d9b1f17d0134
GUSAIN
2, postalCode=263001, st=UTTARAKHAND,
serialNumber=8D039BC77BD1A2222B4DF
4FC80D4557562F95BEBA013F530616A158
A0A878BD8, cn=RAJINI GUSAIN
Date: 2025.12.05 16:33:02 +05'30'
