Uttarakhand High Court
Sm T . Charanj Eet Kaur And Anot Her ..... ... vs Mussoorie Dehradun Developm Ent Aut ... on 20 March, 2025
2025:UHC:1941
I N TH E H I GH COURT OF UTTARAKH AN D
AT N AI N I TAL
TH E H ON 'BLE SRI JUSTI CE ALOK KUM AR VERM A
2 0 TH M ARCH , 2 0 2 5
W RI T PETI TI ON N O. 8 4 2 OF 2 0 2 5 ( M / S)
Sm t . Charanj eet Kaur and Anot her ..... Pet it ioners
Versus
Mussoorie Dehradun Developm ent Aut horit y
and Ot hers .....Respondent s
Counsel for t he Pet it ioners : Mr. Hari Mohan Bhat ia,
Advocat e.
Counsel for t he Respondent : Mr. Rahul Consul,
Nos. 1 & 2 Advocat e.
Counsel for t he Respondent : Mr. Suyash Pant ,
No. 3 St anding Counsel.
H on'ble Alok Kum a r Ve rm a ,J.
The present writ pet it ion has been filed under Art icle 226 of t he Const it ut ion of I ndia wit h t he following prayers : -
" ( I ) I ssue a writ , order or direct ion in t he nat ure of Cert iorari quashing t he im pugned order dat ed 17.03.2025 ( Annexure No.7) passed by Respondent No.2 t o t he writ pet it ion.
( I I ) I ssue a writ order or direct ion in t he nat ure of Mandam us com m ending t he Respondent No.3 t o decide t he appeals and st ay applicat ions filed by t he Pet it ioners ( Annexure No.3 Appeal against t he order dat ed 18.01.2025 and 05.02.2025 AND Annexure No.5 Appeal against t he order dat ed 25.02.2025) .1
2025:UHC:1941 ( I I I ) I ssue a writ , order or direct ion in t he nat ure of m andam us com m anding and direct ing t he Respondent No.1 and 2 not t o dem olish t he propert y of t he pet it ioners bearing Municipal No. 66/ 139/ 55/ 1 ( Old No.45/ 43) sit uat ed at Mot i Bazar Dehradun and decide t he Com pounding Applicat ion filed by t he Pet it ioner on 17.03.2025 ( Annexure No.8) .
( I V) To pass any ot her order or direct ion which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case. ( V) To Award t he cost of t he pet it ion."
2. Heard Mr. Hari Mohan Bhat ia, learned counsel for t he pet it ioners, Mr. Rahul Consul, learned counsel for t he respondent nos. 1 & 2 and Mr. Suyash Pant , learned St anding Counsel for t he respondent no.3.
3. Mr. H.M. Bhat ia, Advocat e, cont ended t hat t he pet it ioners are t he owners of t he propert y- in- quest ion bearing Municipal Num ber 66/ 139/ 55/ 1 ( Old No.45/ 43) , sit uat ed at Mot i Bazar, Dehradun. The m ap of t he said propert y was sanct ioned by t he respondent no.1. The pet it ioners are using t he said prem ises as per t he sanct ioned m ap and t hey are doing t heir business in t he said propert y. An applicat ion was m oved by one Sm t . Archana Gam bhir before t he Com m issioner, Garhwal Division. The Com m issioner sent t he m at t er t o t he respondent no.1 direct ing t o resolve t he m at t er and re- check t he sanct ioned m ap. The pet it ioners appeared before t he respondent 2 2025:UHC:1941 aut horit y and subm it t ed t hat t hey have already filed a com pounding m ap. The respondent no.2, wit hout considering t he com pounding m ap issued an order dat ed 18.01.2025, by which t he pet it ioners were direct ed t o rem ove t he uncom poundable area wit hin 15 days. The respondent no.2, vide let t er dat ed 05.02.2025, request ed t he Senior Superint endent of Police, Dehradun, t o facilit at e t he dem olit ion of t he propert y of t he pet it ioners. The respondent no.2 rej ect ed t he com pounding m ap of t he pet it ioners on 25.02.2025. The pet it ioners approached t he appellat e forum and filed t he appeal against t he order dat ed 18.01.2025 and 05.02.2025 and 25.02.2025. The said appeal is st ill pending, but t he respondent no.2 in pursuance to t he orders dat ed 18.01.2025 and 25.02.2025 issued t he dem olit ion order against t he pet it ioners on 17.03.2025 and fixed t he dat e of dem olit ion on 21.03.2025.
4. Mr. H.M. Bhat ia, Advocat e, has request ed t o decide t he present writ pet it ion by direct ing t he respondent no.3 t o decide t he pet it ioners appeal as expedit iously as possible.
5. Mr. Suyash Pant , St anding Counsel, appearing for t he respondent no.3, subm it t ed t hat six 3 2025:UHC:1941 weeks' t im e is required for deciding t he appeal of t he pet it ioners.
6. Wit h t he consent of bot h t he part ies, t he present writ pet it ion ( WPMS No.842 of 2025) is disposed of by direct ing t he respondent no.3, t he Com m issioner, Garhwal Division, Dehradun t o decide t he appeal of t he pet it ioners as expedit iously as possible but not lat er t han six weeks from t he dat e of product ion of t he cert ified copy of t his order.
7. Till decision is t aken on t he appeal, t he effect and operat ion of t he im pugned order dat ed 17.03.2025 are kept in abeyance.
8. I t is m ade clear t hat t his Court has not expressed any opinion on t he m erit of t he case.
___________________ ALOK KUM AR VERM A, J.
Dat e: 20.03.2025 Shiv/ 4