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2021 Supreme(UK) 254
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Yogesh Sharma - Appellant
Versus
Municipal Corporation, Haldwani & Anr. - Respondents
Writ Petition (M/S) No. 2417 of 2021
Decided On : 18-11-2021
P.C. Petshali, Advocate, Ashish Joshi, Advocate, Sandeep Kothari, Advocate
The existence of an alternative remedy under the Uttarakhand Urban and Country Planning Development Act, 2013 influenced the court's decision to dismiss the writ petition.
Headnote:
Sealing Order - District Level Development Authority - The court dismissed the writ petition on the ground of alternative remedy, allowing the petitioner to file an appeal under the provisions of the Uttarakhand Urban and Country Planning Development Act, 2013.
Fact of the Case:
The petitioner was aggrieved by a sealing order passed by the District Level Development Authority, Nainital.
Finding of the Court:
The court dismissed the writ petition due to the availability of an alternative remedy, allowing the petitioner to file an appeal within two weeks.
Issues: Aggrievement by sealing order, availability of alternative remedy
Ratio Decidendi: The court's decision was influenced by the existence of an appeal process under the Uttarakhand Urban and Country Planning Development Act, 2013, providing an alternative remedy to the petitioner.
Final Decision: The writ petition was dismissed with liberty to the petitioner to file an appeal within two weeks.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is aggrieved by a sealing order passed by District Level Development Authority, Nainital.
2. Since that order is appealable before Commissioner under provisions of Uttarakhand Urban and Country Planning Development Act, 2013, therefore, this Court is not inclined to entertain the writ petition.
3. Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to file an Appeal. If petitioner files Appeal within two weeks from today, the same shall be heard and decided on merit.
