LAXMAN RAM Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the writ petitioner seeks to issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 28.09.2015 (Annexure -1) passed by respondent no. 3.

(2.) Heard learned counsel for the parties and perused the impugned order.

(3.) On a bare perusal of the order impugned (Annexure-1), it transpires that no opportunity of hearing was given to the petitioner. Even the notice purported to be issued under sub-section (1) of Section 10 of the U.P. (Regulation of Building Operation) Act, 1958, stipulates that the petitioner is required to demolish the unauthorized construction or else the same shall be done at the instance of the Prescribed Authority, but without giving any opportunity to the petitioner.