High CourtsSingle Bench

Kastubha Nand Joshi vs State Of Uttarakhand & Another

Uttarakhand High Court · Decided on 8 December 2021 · Citation: (2021) 12 UK CK 0081

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2598 Of 2021
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Judgment

6 paragraphs · 187 words

Manoj Kumar Tiwari, J

1.

Petitioner is aggrieved by the demolition order dated 29.11.2021 passed by Secretary, District Level Development Authority, Nainital.

2.

Learned Senior Counsel appearing for the petitioner submits that Commissioner, Kumaon Division passed an order dated 10.03.2021 remanding petitioner's Appeal with a direction to Secretary, District Level Development Authority, Nainital to decide the issue of sanction of house plan submitted by petitioner. He further submits that Secretary, District Level Development Authority has not decided the said issue despite order passed by Commissioner, Kumaon Division, however, now a demolition order has been passed on 29.11.2021 against the petitioner.

3.

Perusal of the record also indicates that Secretary, District Level Development Authority is yet to decide the issue in terms of order passed by Appellate Authority.

4.

In such view of the matter, the writ petition is disposed of with a direction to Secretary, District Level Development Authority, Nainital to decide the issue regarding sanction of petitioner's house plan in terms of order dated 10.03.2021 passed by Appellate Authority.

5.

Till decision on the said issue by the Secretary, demolition order shall be kept in abeyance.