SURESH NIJHON Vs. NAGAR NIGAM

JUDGEMENT

(1.) Heard Mr. Abhijay Negi, learned counsel for the appellant-writ petitoner, Mr. Ashish Joshi, learned Standing Counsel for the Nagar Nigam/respondent No. 1 and Ms. Prabha Naithani, learned Brief Holder for the second respondent.

(2.) The appellant herein is the petitioner in WPMS No. 2637 of 2019. He invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondent-Nagar Nigam, Dehradun to issue him a show cause notice in case of any alleged encroachment, and pass a reasoned order thereto after affording him an opportunity of hearing; and a writ of mandamus directing the respondent-Nagar Nigam, and the District Magistrate, Dehradun, not to interfere in the operation of the shop of the petitioner until a reasoned decision is made on his representation.

(3.) The petitioner claims to have purchased the subject shop from the heirs of Late Kanshiram in the year 2005. It is his case that the subject shop is being operated, from the very same place, ever since 1945; the nala, below the shop, is connected to the main Paltan Bazar drain; and the petitioner has not been issued any notice to show cause, and has not even been informed as to why action was being taken to demolish his shop.