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Uttarakhand High Court
Jitendra Verma vs State Of Uttarakhand And Another on 4 December, 2025
2025:UHC:10790-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
04TH DECEMBER, 2025
WRIT PETITION (M/B) No. 976 OF 2025
Jitendra Verma. ...Petitioner
Versus
State of Uttarakhand and another. ...Respondents
With
WRIT PETITION (M/B) No. 978 OF 2025
Subhash Gupta. ...Petitioner
Versus
State of Uttarakhand and another. ...Respondents
WRIT PETITION (M/B) No. 979 OF 2025
Ramkumar. ...Petitioner
Versus
State of Uttarakhand and another. ...Respondents
Counsel for the petitioners. : Mr. Akshay Pradhan, Mr. Vishal Kumar Nautiyal
& Ms. Shalini Thakral, learned counsels.
Counsel for respondent no. 1. : Mr. Gajendra Tripathi, learned ACSC for the
State of Uttarakhand.
Counsel for respondent no. 2. : Mr. Ashutosh Thakral, learned counsel.
COMMON JUDGMENT :
(per Sri G. Narendar, C.J.)
Heard the learned counsel for the petitioners, learned
ACSC for the State, and learned counsel for the Nagar Palika.
2. Counsel for the petitioners would submit that the
procedure, as stipulated by the Hon'ble Apex Court, and as
mandated by this Court, is being violated, i.e. an opportunity of
hearing is not being provided to the noticees; & that action is
about to commence for demolition of the structures.
3. Per contra, learned counsel for the Nagar Palika
would submit that no demolition action has been initiated as
yet, and that show-cause notices have been issued, and replies
received; and that the replies are under consideration; and that
2025:UHC:10790-DB
an opportunity of hearing would be given to the parties by
intimating them in writing, and obtaining their
acknowledgement, and that the parties would be heard on the
date, so fixed by the respondent-Nagar Palika.
4. In that view, we are of the opinion that instant Writ
Petitions can be disposed of by placing on record the
submission of the learned counsel for the Nagar Palika.
5. Accordingly, the noticees shall be notified of a date of
personal hearing, and thereafter the Nagar Palika shall pass
fresh reasoned orders on the merits and demerits of the claims
raised by the noticees. 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.
6. The Writ Petitions stand ordered accordingly.
As a sequel thereto, the miscellaneous petitions, if
any pending, shall stand closed.
_______________
G. NARENDAR, C.J.
___________________
SUBHASH UPADHYAY, J.
Dt: 04th December, 2025
Rahul
RAHUL Digitally signed by RAHUL PRAJAPATI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
PRAJAPA
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61
bf4c848741983ed8c39e4145cf1dab,
postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FC
AD15C390A1AAD7B39857D2540AE4C28A4898,
TI
cn=RAHUL PRAJAPATI
Date: 2025.12.05 11:26:49 +05'30'
