Deepak vs State of Uttarakhand and others

Present petition has been filed seeking the following

reliefs:-

(i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 27.12.2016 passed by Additional District Magistrate (Nazool) Udham Singh Nagar in Case No. 51/04 of 2012 State Vs. Deepak, under section 3/4 of the Gunda Niyantran Adhiniyam.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent Additional District Magistrate (Nazool) Udham Singh Nagar to decide the case no. 51/04 of 2012 State Vs. Deepak, under section 3/4 of the Gunda Niyantran Adhiniyam by giving opportunity of hearing to the petitioner.

Learned counsel for the petitioner submits that on

24.05.2016, the learned Additional District Magistrate (Nazool)

Udham Sing Nagar proceeded ex-parte in the matter against

the petitioner. It is further submitted that on 05.07.2016, the

petitioner has moved the recall application and prayed to

provide him adequate opportunity of hearing. The said

application was rejected by the Additional District Magistrate

(Nazool) , and therefore order of externment for six months

was passed vide impugned order dated 27.12.2016.

Learned counsel for the petitioner confined his

prayer only to the extent that an opportunity of hearing be

given to the petitioner to submit his reply to the show cause

notice and thereafter, the Additional District Magistrate be

directed to decide the lis in accordance with law.

On the other hand, learned Deputy Advocate

General submits that there is no need of counter affidavit and

the case may be disposed of today itself.

In view of the above, the writ petition is disposed of on

the first day of hearing, in the following manner:-

The Additional District Magistrate (Nazool) is

directed to give an opportunity of hearing to the petitioner and

only thereafter decide the lis pending before him in accordance

with law. The petitioner shall remain in externment till 31st

March 2017. The order impugned shall remain in abeyance

thereafter till final decision is taken by the Additional District

Magistrate (Nazool) on his show cause notice and objection

thereon.