LAWS(UTN)-2016-6-115

VIJAY PRAKASH & ANOTHER Vs. MDDA AND ANOTHER

Decided On June 24, 2016
Vijay Prakash And Another Appellant
V/S
Mdda And Another Respondents

JUDGEMENT

(1.) By means of present writ petition, the petitioners seek writ in the nature of certiorari quashing the impugned order dated 27.05.2016, passed by respondent no. 1, in case no. R-419/S-7/2015.

(2.) It is the submission of learned counsel for the petitioners that a demolition order (Annexure No.1) has been passed by respondent no.1 directing the petitioners to demolish the unauthorized constructions within a period of 30 days from the date of issuance of impugned order.

(3.) A remedy is available to the petitioners to file a statutory appeal before the Commissioner Garhwal Division, a remedy which is already availed, but the problem of the petitioners is that their interim relief application has not been decided by the Commissioner Garhwal Division i.e. respondent no. 2 (Annexure No. 2). It is the submission of learned counsel for petitioners that no orders have been passed by the respondent no. 2 on the interim relief application of the petitioners till date.