WPMS/1162/2025 of SHER SINGH PUNDIR Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2025-09-25
Case number: 1162 of 2025

Parties

rd] APRIL, 2025 (PETITIONER)
Hon’ble Alok Kumar Verma,J (RESPONDENT)

Cites (1)

B.S. JOSHI AND ORS. versus STATE OF HARYANA AND ANR. (2003)

Statutes cited (3)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

23[rd] APRIL, 2025

WRIT PETITION NO.1162 OF 2025 (M/S)

Sher Singh Pundir …Petitioner

Versus

Hon’ble Alok Kumar Verma,J.

The present Writ Petition has been filed by the petitioner challenging the order dated 17.04.2025. The respondent no.3 has passed the impugned order for sealing of the premises of the petitioner on the ground that the petitioner has done illegal construction on the property-in-question.

2. Heard Mr. B.N. Molakhi, learned counsel for the petitioner, Mr. Suyash Pant, learned Standing Counsel for the respondent nos. 1 & 2 and Mr. Rahul Consul, learned counsel for the respondent no.3.

3. Mr. B.N. Molakhi, Advocate, submitted that the respondent no.3 had passed an ex parte sealing order on

2025:UHC:2929

03.04.2025. The petitioner has filed statutory Appeal (No. 76 of 2024-25, “Sher Singh Pundir Vs. MDDA”, under Section 28A (4) of the Uttar Pradesh Urban Planning and Development Act, 1973 (as applicable in the State of Uttarakhand). The said appeal is pending before the Commissioner, Garhwal Division / Chairman Mussoorie-Dehradun Development Authority, Dehradun. The appellate authority vide order dated 08.04.2025 admitted the said appeal and notice has been issued to the respondent no.3. The said appeal is fixed for 02.05.2025. An Interim Relief Application is also pending before the appellate authority.

4. With the consent of both the parties, the present Writ Petition (WPMS No. 1162 of 2025) is disposed of directing the Appellate Authority to decide the Interim Relief Application, filed by the petitioner, as expeditiously as possible. Till decision is taken on the Interim Relief Application, the impugned order dated 17.04.2025, passed by the respondent no.3, is kept in abeyance and until then, both the parties are directed to maintain status quo over the property-in-question.

5. Let certified copy of this order be supplied to the learned counsel for the petitioner today itself as per rules.

Dt: 23.04.2025 Shiv/

___________________

ALOK KUMAR VERMA, J.