WPMS/2239/2009 of PIYUSH SHARMA Vs STATE OF UTTARAKHAND and OTHERS on 31 December 2009

Conclusion

HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition No. 2239 of 2009 (M/S)

Piyush Sharma

… Petitioner

..

Versus

State of Uttarakhand & others

… Respondents

Mr. A.V. Pundir, Advocate for the petitioner. Mr. K.P. Upadhyay, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 4.

31st December, 2009

Hon’ble Sudhanshu Dhulia, J.

Heard Sri A.V. Pundir, learned counsel for the petitioner as well as Sri K.P. Upadhyay, learned Additional Chief Standing Counsel for the State of Uttarakhand.

The petitioner is aggrieved by a notice given to him by the Tehsildar, Purnagiri, Tanakpur dated 7.12.2009 (annexure no. 2 to the writ petition) stating that there is a complaint against the petitioner by respondent no. 5 regarding caste certificate as well as permanent resident certificate obtained by him. The petitioner has been directed to show-cause and state his case within a period of fifteen days.

The petitioner has straightaway come before this Court. This writ petition is absolutely premature inasmuch as there is no adverse order passed against the petitioner. The petitioner has simply been given a notice by the concerned authority by which he is directed to state his case within fifteen days. The appropriate course would be that the petitioner must explain his case before the concerned authority. The writ petition at this stage is not maintainable being premature and is dismissed as such.

No order as to costs.

31.12.2009 Avneet

(Sudhanshu Dhulia, J.)