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2024 Supreme(UK) 649

MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
Mohd. Asalam – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Alok Kumar, learned counsel holding brief of Mr. Manish Lohani.
For the Respondents: Mr. B.S. Parihar, learned Standing Counsel with Ms. Puja Banga, learned Brief Holder, Mr. B.D. Pande, learned counsel, Mr. Sanjay Bhatt, learned counsel.

JUDGMENT :

Manoj Kumar Tiwari, A.C.J.

According to the petitioner, he is resident of Village Puchadi, Tehsil Ramnagar, District Nainital. However, in the array of parties, he has mentioned that he is resident of Ward No. 11, Ramnagar, District Nainital, which indicates that he is residing within municipal limits of Ramnagar.

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

    “(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take a fresh decision upon the representations / objections raised by the residents, whereby seeking inclusion of Adarsh Nagar, Shakti Nagar, Corbett Nagar, Shankarpur Khajanchi and Pyarelal Colony, the urbanized areas of the vicinity of Village Shankarpur Bhul, Tehsil Ramnagar, District Nainital strictly within the parameters and factors as stipulated under Article 243Q(2) of the Constitution of India..

(ii) Issue a writ, order or direction in nature of mandamus commanding and directing the respondents to issue a fresh notification after considering the parameters as enshrined under Article 243Q(2) of the Constitution of India, in letter and spirit, to include the urbanized porti

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