Mahipal Singh Bhandari v. Mussoorie Dehradun Development Authority

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

2 6 t h DECEMBER, 2 0 2 4

W r it Pet it ion No. 3 4 8 6 of 2 0 2 4 ( M/ S)

Mahipal Singh Bhandari

...Petitioner

Ver su s

Mussoorie Dehradun Development Authority

…Respondent

Counsel for the Petitioner : Mr. Rishab Ranghar, Advocate.

Counsel for the Respondent : Mr. Pawan Sanwal,

Advocate holing brief of

Mr. Rahul Consul, Advocate.

Hon 'ble Alok Ku m ar Ver m a,J.

Mr. Rishab Ranghar, Advocate, has submitted that the petitioner Mahipal Singh Bhandari is the owner of the property forming part of khasra no.48/ 1 area

103.39 square meter, situated at Mauza Markham Grant I, Pargana Parwadoon, Tehsil Doiwala, District Dehradun. The petitioner submitted his construction / compounding plan before the respondent on

04.11.2024. The property of the petitioner was sealed on 13.11.2024. Petitioner had filed an appeal before the Court of Commissioner Garhwal Mandal Camp,

Dehradun (Appeal No. 22 of 2024-25). The Appellate Authority heard the matter on 14.11.2024 and directed the respondent to dispose of the map within the time span of 15 days and de-seal the said property for one day to enable the petitioner to remove his goods from the said property. 2 .

The amended prayer of the writ petition, filed by the petitioner, is taken on record. 3 .

The present petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers : - "(I) Issue a writ, order or direction in the nature of mandamus directing the respondent to de-seal the property for 30 days so that petitioner can take out his goods and belongings of ground floor (commercial) and second floor (residential) from property forming part of Khasra no.48/ 1 ma Area

103.39 Sq.mts. situated at Mauza Markham Grant I, Pragana Parwadoon, Tehsil Doiwala, Dehradun.

(II) Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case.

(III) Award the cost of the petition."

4 .

Mr. Pawan Sanwal, Advocate, has submitted on instructions that de-sealing the property-in-question for 10 days would be sufficient.

5 .

Mr. Rishab Ranghar, Advocate, agrees with the said submission of the learned counsel appearing for the respondent. 6 .

After hearing the contentions of the parties, the present writ petition (WPMS No.3486 of 2024) is disposed of by directing the respondent to de-seal the property-in-question for a period of 10 days to allow the petitioner to remove his goods and belongings from the property-in-question. 7 .

It is clarified that during the granted period, the petitioner will not do any other work in the property-in-question, i.e. will not make any change in the property-in-question. The petitioner will only remove his goods and belongings from the property-in-question.

_ _ _ __ _ _ _

ALOK KUMAR VERMA, J. Dt: 26.12.2024 Shiv/

SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8btib 97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE7445 4B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2024.12.26 17:36:44 +05'30'