JASWANT KUMAR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of the present writ petition, the petitioner seeks to issue a writ, order or direction in the mandamus directing the respondents not to harass the petitioner from using his property as per sanctioned map without adopting due process of law. A further prayer has been made to direct the respondents no. 3, 4 & 5 not to act illegally and arbitrarily depriving the petitioner from his property without any authority of law.

(2.) It is an admitted fact that the map of the petitioner in shopping complex was sanctioned by Mussoorie Dehradun Development Authority (MDDA) on 13.09.2012 (annexure-1).

(3.) On a complaint made by Senior Superintendent of Police, Dehradun, a show cause notice (annexure-4) was given by the Secretary, MDDA to the petitioner, against which the petitioner filed a suit for permanent prohibitory injunction. Vide order dated 26.08.2014 (annexure-9), the defendant MDDA was restrained from cancelling the sanctioned map of the petitioner during the pendency of the Original Suit No. 244 of 2014.