Mahesh Kumar vs State Of Utarakhand And Others
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Uttarakhand High Court

Mahesh Kumar vs State Of Utarakhand And Others on 24 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

             Writ Petition No.1641 of 2025 (M/S)
Mahesh Kumar                                           ..........Petitioner
                                  Vs.
State of Utarakhand and others                   ............. Respondents
Present :    Mr. Shobhit Saharia, Advocate for the petitioner.
             Mr. N.S. Pundir, Deputy Advocate General for the
             State/respondent no.1.
             Mr. Sandeep Kothari, Advocate for respondent nos.2 and 3.
             Mr. S.K. Jain, Senior Advocate assisted by Mr. Siddharth Jain,
             Advocate for respondent no.4.



                              JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the orders

dated 04.04.2025 as well as 27.05.2025, passed by the respondent

no.3, the Vice Chairman, Haridwar Roorkee Development Authority,

Haridwar ("the Authority").

2. Heard learned counsel for the parties and perused the

record.

3. At the very outset, learned counsel for the Authority

would submit that the petitioner has an alternative efficacious

remedy by way of filing an application under Section 15(9) of the

Uttarakhand Urban and Country Planning and Development Act,

1973 ("the Act").

4. Learned counsel for the petitioner would submit that

the respondent no.4 wants to develop a colony, for which purpose,

he has submitted a false affidavit; the Revenue Officer concealed

the fact that the land on which the development is proposed is

under litigation in a Revenue Suit and some part of the land has

also been attached under Section 14 of the Uttar Pradesh

Gangsters and Anti-Social Activities (Prevention) Act, 1986. He

seeks permission to withdraw the writ petition with the liberty to

file an application under Section 15(9) of the Act. He submits that

till the time he files application, the effect and operation of the

impugned orders shall remain in abeyance or else, the respondents

may start development on the land.

5. Learned counsel for the respondents have no objection

to the proposition, as given by the learned counsel for the

petitioner.

6. The writ petition is dismissed as withdrawn with the

liberty to the petitioner to approach the Authority under Section

15(9) of the Act. For this purpose, for next four working days, the

effect and operation of the impugned orders shall remain in

abeyance.

7. The writ petition stands disposed of accordingly.

(Ravindra Maithani, J.) 24.06.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=e50e50b49596520698eff87e0a08bbd 504686df4d1afc60f54a287831dec46fe,

KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.06.26 11:54:00 +05'30'