MOHD. MATLUB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner with the following prayers:-

(2.) Heard Mr. B.P. Nautiyal, learned Senior Advocate appearing for the petitioner, Mr. Rahul Consul, learned counsel for the respondent no.1 and Mr. Sandeep Kothari, learned counsel for the respondent nos.2 and 3.

(3.) Mr. B.P. Nautiyal, learned Senior Advocate submitted that the petitioner is residing at House No.311, Charton House, Mallital, Nainital since the year, 2017. A show cause notice dtd. 17/1/2019 was issued by the respondent no.1. The said notice was received by the petitioner on 21/4/2022. The respondent no.1 directed the petitioner to file objection till 10/5/2022. The petitioner submitted his objection. The respondent no.3 passed an ex-parte order on 27/12/2024 and directed to demolish the petitioner's illegal construction, which was constructed in violation of the provisions contained under Sec. 27 of the Uttar Pradesh Urban and Country Planning and Development Act, 1973 (in short, 'Act, 1973') (as applicable in the State of Uttarakhand). The petitioner moved a recall application, which was not decided by the respondent no.3. The petitioner had filed a Writ Petition [No.182 of 2025 (M/S)]. On 10/1/2025, this Court directed the parties to maintain status quo qua the construction-in-question. Thereafter, the petitioner preferred an Appeal under Sec. 27(2) of the Act, 1973. The said appeal was dismissed on 28/5/2025. Against the said order, the petitioner has preferred a Revision before the respondent no.1. The said revision is still pending. Meanwhile, the respondent no.3 passed the impugned order dtd. 17/6/2025 and directed the petitioner to remove the unauthorized construction within a period of 15 days.