WPMS/2884/2014 of Mohd Mohsin Vs Upper Mukhya Adhikari Zila Panchayat Udham Singh Nagar AND OTHERS on 24 December 2014

Conclusion

WPMS No.2884 of 2014

Hon’ble V.K. Bist, J.

Mr. I.D. Paliwal, Advocate for the petitioner.

Mr. A.D. Tripathi, Advocate for the respondent no.1.

Mr. Anil Kumar Joshi, Additional Chief Standing Counsel for the State of Uttarakhand/respondent no.2.

Heard learned counsel for the parties.

Present petition has been filed by the petitioner for the following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus directing/ commanding the respondent no.1, to issue license and work order to the petitioner’s cooperative society forthwith, mentioned as per their bye-laws, for entire villages of Block-Juspur.

(ii) Issue a writ, order or direction in the nature of mandamus directing/ commanding the respondent no.1 to compensate the loss of the petitioner’s society since 09.08.2014 to till date.

(iii) Any other order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the writ petition in favour of the petitioner.”

During the course of argument, learned counsel for the petitioner confined his prayer and prayed that the writ petition may be disposed of by issuing direction to the respondent no.1 to decide the representations of the petitioner dated 18.11.2014 and 19.12.2014 (annexed as Annexure nos.6 & 7 to the writ petition) at the earliest.

Mr. A.D. Tripathi, Advocate for the respondent no.1 submitted that the prayer made by the learned counsel for the petitioner is innocuous and the respondent has no objection in case such direction is issued and the representations of the petitioner shall be decided in accordance with law.

Considering the submission advanced by the learned counsel for the parties, the writ petition is disposed of with a direction to the respondent no.1 to decide the representations of the petitioner dated 18.11.2014 and 19.12.2014 (annexed as Annexure nos.6 & 7 to the writ petition) within a period of four weeks from the date of production of certified copy of this order.

Interim relief application also stands disposed of.

No order as to costs.

Arpan

(V.K. Bist, J.)

24.12.2014