Uttarakhand High Court
WPMB/343/2024 of OK HOTEL Vs STATE OF UTTARAKHAND on 18 June 2026
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (M/B) NO. 343 OF 2024 18TH JUNE, 2026 OK Hotel …… Petitioner Versus State of Uttarakhand and others
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON’BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (M/B) NO. 343 OF 2024
18TH JUNE, 2026
OK Hotel
…… Petitioner
Versus
State of Uttarakhand and others
…… Respondents
Counsel for the petitioner
:
Ms. Renu, learned counsel (through
VC) holding brief of Mr. Sanpreet
Singh Ajmani, learned counsel
Counsel for the respondents
: Mr. Yogesh Chandra Tiwari, learned
Standing Counsel for the State
: Mr. Ashish Joshi, learned counsel for
the Nagar Nigam
The Court made the following:
JUDGMENT: (per Mr. Manoj Kumar Gupta, C.J.)
Misc. Application (IA No. 04 of 2026)
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1. The broad facts of the case are noted in our order dated 04.06.2026, which is as follows :
“1. Sri S.S. Ajmani, learned counsel for the petitioner (through V.C.).
2. Sri Ganesh Dutt Kandpal, learned Additional Advocate General for the State of Uttarakhand.
3. Sri Ashish Joshi, learned counsel for the Nagar Nigam, Haldwani-Kathgodam.
4. The present writ petition has been filed by the petitioner being aggrieved by notice dated 03.02.2024 issued by Nagar Nigam, Haldwani-Kathgodam (respondent No. 4) based on the recommendations made by a joint committee comprising of City Magistrate, Haldwani; SDM, Haldwani and; Executive Engineer, PWD, Haldwani.
5. On 27.08.2024, a Coordinate Bench passed an order of status quo in favour of the petitioner.
6. The petitioner has now filed IA No. 4 of 2026 praying for permission to withdraw the writ petition in the light of the representation made by him to the District Magistrate on 13.05.2026. The main concern, expressed by the petitioner in the said representation, is that if the petitioner withdraws the writ petition and surrenders 12 meters space from the front portion of his building, the respondents may not raise any hurdle in carrying-out necessary restructuring to enable him to run his hotel business.
7. Learned counsel for the Nagar Nigam states that the Nagar Nigam would have no objection in permitting the petitioner to use the remaining part of the building.
8. Learned Additional Advocate General for the State, however, seeks time to clarify the stand of the State Government in this regard.
9. Accordingly, as prayed by him, he is granted a week’s time to seek appropriate instructions.
10. List on 11.06.2026.”
Pursuant to the said order the matter relating to petitioner was considered by a Committee headed by Additional District Magistrate (Administration), Nainital on 04.06.2026 and, in the said meeting it was decided that the petitioner would be permitted to make internal modifications after the front part, measuring 12 meters, of the building is demolished.
As the State Government also does not seem to have any objection in the petitioner undertaking necessary modifications in the remaining part of the building, we find no impediment in allowing the application.
Accordingly, the withdrawal application (IA No. 04 of 2026) is allowed subject to the assurance given by the State and the stand taken by the Nagar Nigam duly noted in our previous order.
Accordingly, the writ petition stands disposed of as withdrawn.
The petitioner will permit demolition of front part of the building, measuring 12 meters, and would not raise any hindrance in the same.
_______________________
MANOJ KUMAR GUPTA, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 18TH JUNE, 2026 Negi
HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf11 6e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51A 722A6BC552D470EB4FD2F88DDF7C18DB2A 1524A4D, cn=HIMANSHU NEGI Date: 2026.06.19 16:01:42 +05'30'