SURESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition was listed on 15/4/2019 and the same was dismissed for want of prosecution in the absence of the counsel for the petitioner. Later on the petitioner has preferred a restoration application being Restoration Application No. 338 of 2019, which was preferred well within time and considering the grounds, which has been taken in the restoration application, the reason for non-appearance has been satisfactorily explained, the same is allowed, and the writ petition is restored to its original number.

(2.) Thereafter the writ petition was heard on merit with the consent of the counsel and proceeded to be heard on merits. As per the facts which emerges from the pleadings of the writ petition are that the petitioner in the present writ petition has challenged the impugned order dtd. 15/6/2015, as has been issued by the Secretary B.H.E.L. Grah Nirman Samiti Limited, as well as, the Administrator, B.H.E.L. Grah Nirman Samiti, Shivalik Nagar, Haridwar. In pursuance to the notice in question, which is impugned in the petition, the petitioner was called upon to submit his reply with regards to his act of encroachment and making an unauthorized construction on the rood of the shop allotted to him since being contrary to the terms of allotment made in his favour by the B.H.E.L. Sahkari Grah Nirman Samiti. The allegation attributed to against him was that he was raising construction on the roof of the shop allotted to him, which was not permissible under the terms of allotment and was contrary to the bylaws of the Society.

(3.) The petitioner during the course of his argument has questioned the impugned notice before this Court on the ground that the Secretary of the B.H.E.L. Grah Nirman Samiti was not competent to pass the notice dtd. 15/6/2015 on account of the fact that there had been various litigations going on and a reference has been made by the petitioner to the order passed by this Court in Writ Petition No. 551 of 2014 'Himanshu Diwedi and Others vs. State of Uttarakhand and Others', which was decided by the Coordinate Bench of this Court along with other two writ petitions on 3/4/2014.