Vikram Singh Danu vs State Of Uttarakhand And Ors

Pankaj Purohit, J

This writ petition has been filed by petitioner seeking a writ of mandamus commanding respondent No.4 to kept in abeyance the operation and effect of demolition notice dated 31.10.2025 and not to demolish the construction raised by petitioner during the pendency of Revision No.0051 of 2025 Vikram Singh Danu Vs. Commissioner Kumaon Mandal and Anr., before learned Joint Chief Administrator, Housing and Urban Development Authority, Dehradun, Uttarakhand/ respondent No.3 and to direct respondent No.3 to decide the aforesaid Revision, at the earliest in accordance with law.

It is contended by learned counsel for petitioner that petitioner constructed a commercial building at Bageshwar over his own land after seeking requisite permission from respondent No.2-District Level Development Authority, Bageshwar. On construction, it was found by respondent No.2 that some part of the building is over and above sanctioned map of the permission granted to raise construction. Petitioner was proceeded with the proceedings under provisions of Uttarakhand Urban and Country Land Planning and Development Act, 1973.

It is further contended by him that after hearing the petitioner, notice of demolition of the extra construction raised by petitioner was issued by the respondent No.2 vide order dated 01.06.2024.

Petitioner challenged the aforesaid order dated 01.06.2024 by preferring statutory appeal before learned Commissioner, Kumaon Mandal, Nainital, which was registered as Appeal No.41 of 2023-24 Vikram Singh Danu Vs. Vice Chairman/District Magistrate, District Level Development Authority, Bageshwar and Anr. The said Appeal was dismissed vide judgment and order dated 28.05.2025.

It is thereafter the petitioner has filed Revision No.0051 of 2025 Vikram Singh Danu Vs. Commissioner Kumaon Mandal and Anr., before respondent No.3 on 11.10.2025, which according to petitioner, is still pending. In between, a notice has been issued by respondent No.4 dated 31.10.2025 issuing a direction to petitioner to demolish the construction raised by him beyond the sanctioned map.

It is contended by learned counsel for the petitioner that the revision is pending since 11.10.2025, still impugned order dated 31.10.2025 has been issued by respondent No.4 for demolition of the portion which has been constructed by the petitioner beyond the sanctioned map.

An innocuous prayer has been made by learned counsel for petitioner for issuance of a direction to respondent No.3-Joint Chief Administrator, Housing and Urban Development Authority, Dehradun, Uttarakhand, to decide Revision No.0051 of 2025 Vikram Singh Danu Vs. Commissioner Kumaon Mandal and Anr., within stipulated period and till then, the notice of demolition be kept in abeyance.

Learned counsel for respondent Nos.2 and 3 has no objection, if such an order is passed by this Court.

Accordingly, writ petition is finally disposed of with a direction to respondent No.3-Revisional Authority to decide Revision No.0051 of 2025 Vikram Singh Danu Vs. Commissioner Kumaon Mandal and Anr., within a period of two months from the date of production of certified copy of this order. It is made clear that till the Revision is decided by the Revisional Authority, parties are directed to maintain status quo with regard to the property in-question.

Pending application(s), if any, stands disposed of.