WPMS/1958/2023 of SAHZAD ALI Vs STATE OF UTTARAKHAND on 18 August 2026

1. Mr. Amar Murti Shukla, learned counsel for the petitioner.

2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.

3. By means of this writ petition, petitioner has sought the following reliefs:-

I. Issue a writ order or direction in the nature of Certiorari quashing the impugned auction notice dated 4.7.2023 (Annexure-14) issued by respondent no.4

II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to extend the time period in favour of petitioner for collection of Tehbazari in respect of the Auction granted in favour of petitioner for collection of Tehbazari Peeth Rampur Kala Vikas Khand Sahaspur Dehraudn.

III. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to conduct fair and impartial inquiry against the respondent no. 4 regarding embezzlement of government funds i.e. amount collected by Tehbazari and further to take appropriate action against the respondent no.4 for her illegal acts.

IV. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

UKHC010108322023

2026:UHC:7408

4. Learned State Counsel submits that petitioner has challenged auction notice, whereby Tehbazari right were to be conferred. He submits that as per the auction notice, Tehbazari right were to be given for one year, therefore, whatever rights were given to the successful bidder, came to an end in 2024.

5. Upon perusal of writ petition and impugned order, this Court finds substance in the submission made by learned State Counsel. The relief, as claimed in the writ petition, do not survive.

6. Accordingly, the writ petition is dismissed, as infructuous.

7. Learned counsel for the petitioner then submits that he is not pressing prayer, as made in relief clause no. II.

8. In such view of the matter, petitioner shall be at liberty to file fresh writ petition for claiming relief, as made in prayer clause no. II.

(Manoj Kumar Tiwari, J)

18.08.2026 Aswal

NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.20 05:28:14 -07'00'