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High CourtsSingle Bench(2010) 08 UK CK 0081

Garhwal Taxi Owners and Operators Association (Registered) vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 27 August 2010

HON’BLE JUDGES
Brahma Singh Verma, J
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Judgment

6 paragraphs · 357 words

B.S. Verma, J.—Heard Mr. D.C.S. Rawat, Advocate for the petitioner and Mr. N.P. Sah, learned Standing Counsel for the State.

2.

By means of this petition, under Article 226 of the Constitution of India, the petitioner has sought the writ in the nature of mandamus, commanding the respondents not to demolish allotted kiosk of the petitioner situated at Bus Station, Pauri, District Pauri Garhwal, without providing an alternative place nearby Bus Station, Pauri (where the kiosk of the petitioner is situated).

3.

The grievance of the petitioner is that the respondent No. 4 Nagar Palika Parishad Pauri Garhwal allotted an open piece of land to the petitioner near the Bus Station Pauri in the year 1977, in which petitioner association constructed a kiosk (khoka) for its office and the respondent No. 4, was regularly realizing the rent from the petitioner which was time to time enhanced by the respondent No. 4. Vide notice dated 07.05.2009 rent of the allotted kiosk was enhanced by the respondent No. 4 and there is no arrears of rent pending with the petitioner. It is also alleged by the petitioner that since 1989 the petitioner is in continuous possession over the aforesaid piece of land. The Nagar Palika Parishad Pauri, after demolishing the old Bus Station, is going to reconstruct new Bus Station at Pauri and for that on 08.07.2010 the respondent No. 4 issued a notice to the petitioner association to remove the kiosk. Hence, this petition.

4.

In the course of arguments, the learned Counsel for the petitioner has urged that the petitioner has also moved a representation, Annexure No. 6 to the writ petition, before the respondents, and the respondents be directed to decide the same by a speaking order and the writ petition may be disposed of today. Prayer is innocuous.

5.

In the aforesaid facts and circumstances of the case, the respondents are directed to decide the representation of the petitioner by a speaking and reasoned order thereon, within a period of six weeks from the date of production of certified copy of this order.

6.

With the above direction, the writ petition is disposed of finally.