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Judgment
The petitioner seeks a writ of mandamus commanding the respondents not to demolish his shop bearing no. 17, situated opposite the Gurunanak Balika Inter College, Rudrapur, District Udham Singh Nagar.
The case of the petitioner is that he is tenant of Nagar Palika Parishad, Rudarpur, now Nagar Nigam, Rudrapur, and is paying rent to Nagar Nigam. The PWD is threatening to demolish the shop without having served any notice to the petitioner and also without affording any opportunity of hearing to him. It is further stated that in respect of adjoining shops, which are also in occupation of tenants of Nagar Nigam, Rudrapur, individual notices have been issued, but in case of the petitioner, no notice has been issued to him. It is further stated that in respect of adjoining shopkeepers, this Court in WPMS No. 664 of 2026, filed by them challenging the notices issued to them by the PWD, had disposed of the writ petition granting time to the petitioners therein to file their reply, with further direction to PWD to decide the same within two weeks. Meanwhile, their dispossession was kept in abeyance.
Mr. Vipul Sharma, learned counsel appearing for the Nagar Nigam admits that the petitioner is occupying shop no. 17, situated opposite Gurunanak Balika Inter College, Rudrapur, as tenant of Nagar Nigam, Rudrapur.
Learned State Counsel submits that the petitioner would be issued show cause notice and shall be afforded opportunity of hearing, before any action is taken against him.
In view of the same, the writ petition is disposed of by providing that the PWD shall issue notice to the petitioner, in case, it intends to dispossess the petitioner from the shop in his possession. In the event, any such notice is issued to the petitioner, he shall reply the same, within two weeks and, thereafter, PWD shall pass a speaking order. Until any order of demolition/dispossession is passed against the petitioner, he shall not be dispossessed.
Pending application(s), if any, stand disposed of accordingly.