High CourtsSingle Bench

Raman Kumar Phutela vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 28 July 2021 · Citation: (2021) 07 UK CK 0201

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2022 Of 2018
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Judgment

10 paragraphs · 172 words

Manoj Kumar Tiwari, J

1.

This writ petition was filed in July, 2018 seeking following relief:-

(i) A writ order or direction in the nature of Certiorari quashing the impugned notice dated 11.06.2018 (Annexure-8) issued by the respondent no. 4.

(ii) A writ order or direction in the nature of Mandamus directing the respondents to consider the objection of the petitioner before issuing any order of

demolition by giving opportunity of hearing.

2.

Petitioner is aggrieved by the notice dated 11.06.2018 issued by Deputy Municipal Commissioner, Nagar Palika Parishad Rudrapur, whereby he has

been asked to remove his encroachment from public land.

3.

In para 11 of the writ petition, it has been stated that impugned notice has been issued without considering the objection filed by the petitioner.

4.

Having regard to the facts of the case, the writ petition is disposed of with direction to the Municipal Commissioner, Nagar Nigam Rudrapur to

consider petitioner’s objection (if not considered as yet), before removing the encroachment made by him, if already not removed.