WPMS/1215/2024
2025 Latest Caselaw 4062 UK

Uttarakhand High Court

WPMS/1215/2024 on 3 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                                 COURT'S OR JUDGES'S ORDERS
No             directions and
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                                  WPMS No.1215 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. Faizan Ali, Advocate holding brief of Mr. Mohd. Safdar, Advocate for the petitioner.

2. Mr. S.K. Nainwal, Standing Counsel for the State.

3. Heard.

4. This writ petition has been disposed of by the Coordinate Bench of this Court vide judgment and order dated 16.05.2024, whereby, a direction has been made to the Commissioner, Garhwal Mandal, Camp, Dehradun to decide the Appeal No.14 of 2022-23, Rakesh Kumar vs. District Magistrate, Haridwar within a period of three months from the date of receipt of copy of the order dated 16.05.2024.

5. Today, the matter is listed on Modification Application (MCC No.1 of 2025), whereby a modification is sought in the order dated 16.05.2024 only to the extent that the appeal mentioned hereinabove can be directed to be decided by any other competent authority other than Commissioner, Garhwal Mandal for the reason that the District Magistrate who has passed the impugned order in appeal has now been posted as Commissioner of the Garhwal Mandal.

6. The prayer, so made, appears to be sound and justified. The Modification Application is allowed. The judgment and order dated 16.05.2024 is modified only to the extent that the Appeal No.14 of 2022-23, Rakesh Kumar vs. District Magistrate, Haridwar shall be decided

by the Additional Secretary, Food and Civil Supplies, Government of Uttarakhand, Dehradun within a period of three months from the date of receipt of copy of this order passed in the Modification Application.

7. The order dated 16.05.2024 is, accordingly, modified.

8. The entire record of the appeal from the office of Commissioner, Garhwal Mandal shall be transmitted to the Additional Secretary, Food and Civil Supplies, Government of Uttarakhand, Dehradun at the earliest.

(Pankaj Purohit, J.) 03.09.2025 Ravi