SHER SINGH PUNDIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner challenging the order dtd. 17/4/2025. The respondent no.3 has passed the impugned order for sealing of the premises of the petitioner on the ground that the petitioner has done illegal construction on the property-in-question.

(2.) Heard Mr. B.N. Molakhi, learned counsel for the petitioner, Mr. Suyash Pant, learned Standing Counsel for the respondent nos. 1 and 2 and Mr. Rahul Consul, learned counsel for the respondent no.3.

(3.) Mr. B.N. Molakhi, Advocate, submitted that the respondent no.3 had passed an ex parte sealing order on 3/4/2025. The petitioner has filed a statutory Appeal (No. 76 of 2024-25, 'Sher Singh Pundir Vs. MDDA', under Sec. 28A (4) of the Uttar Pradesh Urban Planning and Development Act, 1973 (as applicable in the State of Uttarakhand). The said appeal is pending before the Commissioner, Garhwal Division / Chairman Mussoorie-Dehradun Development Authority, Dehradun. The appellate authority vide order dtd. 8/4/2025 admitted the said appeal and notice has been issued to the respondent no.3. The said appeal is fixed for 2/5/2025. An Interim Relief Application is also pending before the appellate authority.