Uttarakhand High Court
Ganesh Singh Bisht vs District Magistrate Almora And Another on 16 May, 2016
Author: U.C.Dhyani
Bench: U.C.Dhyani
WPMS No. 1343 of 2016 U.C.Dhyani,J.
Mr. Akshay Latwal, Advocate, present for the petitioner.
Mr. P. C. Bisht, Standing Counsel, present for the State/respondents.
By means of present writ petition, the petitioner prays for the following relief, among others:
"(a) Issue a writ or order in the nature of certiorari quashing the impugned recovery order dated 25.02.2015 issued by respondent no. 1 as well as the consequential impugned recovery citation dated 25.01.2016 issued by respondent no. 2.
(b) Issue a writ, or order in the nature of mandamus directing the respondents not to initiate the recovery proceedings against the petitioner.
(c) Issue a writ, or order in the nature of mandamus directing the respondents not to interfere in the construction of the house of the petitioner."
As prayed, learned counsel for the State is granted four weeks time to file the counter affidavit.
After hearing learned counsel for the petitioner, learned counsel for the State and considering the grounds taken up in the writ petition, it is provided, as an interim measure that subject to deposition of Rs. 80,200/- before the Registry of this Court within 15 days, the effect and operation of the recovery order dated 25.02.2015 passed by respondent no.1 as well as recovery citation 25.01.2016 issued by respondent no. 2 shall remain stayed till the next date of listing.
Let a copy of the order be supplied to the learned counsel for the petitioner today itself on payment of usual charges.
(U.C.Dhyani, J.) 16.05.2016 Kaushal