High Court · 2025

Mr. Aj ay Joshi and Mr. Pankaj Sem wal, Counsel for t he pet it ioners. Mr. Suyash Pant , St anding Counsel, for t he St at e. Since subst it ut ion applicat ion ( 2) condonat ion ( I A/ 3/ 2025) applicat ion ( I A/ 4/ 2025) , WPMS/ 1665/ 2024, are not being opposed, t herefore, for t he reasons indicat ed t herein, t he sam e are allowed. Let am ended m em o of part ies be filed wit hin 24 hours. ( 3) Since com m on quest ions of fact and law are involved in t hese writ pet it ions, t hese are being heard and decided t oget her brev it y, fact s of Writ Pet it ion ( M/ S) No. 1629 of 2024 alone are being considered and discussed here. j udgm ent . However, t his com m on According t o pet it ioner, his shop ( 4) sit uat e at Sonprayag ( Dist rict Rudraprayag) was washed away during flash floods 2013, t herefore he was ent it led t o anot her shop, as per t he rehabilit at ion policy. By m eans of t his writ pet it ion, pet it ioner has sought t he follow ing reliefs: “ i. issue a w rit , or der or dir ect ion in t he t he order dat ed nat ur e of cert ior ari quashing 30.05.2024 passed 8) ( Annex ur e No. respondent no. 3 wher eby t he claim of pet it ioner for allot m ent of shop at Sonpr ayag has been rej ect ed; ii. issue a writ , or der or dir ect ion in t he ( Annex ur e No. 9) wher eby nat ur e of cert iorar i quashing t he public not ice dat ed 08.06.2024 t he applicat ion has been invit ed for allot m ent of 6 shops at Sonpr ay ag i.e. shops for which pet it ioner is ent it led for allot m ent and has raised a claim ; iii. issue a w rit , or der or direct ion in t he nat ur e of m andam us dir ect ing t he respondent s t o allot t he shops at Sonparayag t o t he pet it ioners for which t hey ar e ent it led being t he disast er affect ed per sons; ” Learned St at e Counsel, how ever, ( 5) subm it s t hat pet it ioner and his t wo brot hers, in a t hem were running a hot el all of building, which was dam aged during t he flash flood, which hit Sonprayag in 2013. He subm it s t hat in lieu of t he building, w hich was dam aged, a shop has been allot t ed t o pet it ioner and his t wo brot hers, vide order dat ed 4.5.2018. He also subm it s t hat all t he t hree brot hers have accept ed t he shop w it hout raising any dem ur. ( 6) Learned Counsel for t he pet it ioner relies upon a list of persons, who were affect ed by t he flood during 2013, prepared by Traders Associat ion ( Vyapar Sangh) , for subm it t ing t hat all t he t hree brot hers had independent business, t hey are ent it led t o separat e shops. t herefore t he Perusal passed dat ed ( 7) 30.5.2024, by Sub Divisional Magist rat e, Ukhim at h, im pugned in t his writ pet it ion, indicat es t hat t he list prepared by Traders Associat ion was not considered at all and t he order of allot m ent was m ade on assum pt ion t hat all t he t hree brot hers w ere j oint ly running a business. Learned Counsel for t he pet it ioners ( 8) subm it s t hat ot her sim ilarly sit uat e persons, who were running separat e businesses and were allot t ed one shop, were subsequent ly t hey m ade given separat e shops when represent at ion t o t he com pet ent aut horit y. Therefore, he subm it s t hat pet it ioners be perm it t ed t o m ake fresh represent at ion and t he com pet ent aut horit y be asked t o t ake decision t hereupon in t he light of t he list of flood affect ed persons, prepared by t he Traders Associat ion. t o t he Having regard fact s and ( 9) circum st ances of t he case, im pugned order dat ed 30.5.2024, passed by Sub Divisional Magist rat e, which fails t o t ake not e of t he list flood affect ed persons prepared by Traders Associat ion, is set aside. Writ pet it ions are disposed of grant ing libert y t o pet it ioners t o m ake represent at ion t o t he Dist rict Magist rat e, enclosing t herew it h docum ent ary evidence in support of t heir cont ent ion t hat t hey were running separat e businesses. represent at ions w it hin t en days from t oday, Dist rict Magist rat e concerned shall look int o t he m at t er and t ake decision, as per law, w it hin four m ont hs t hereaft er. pet it ioners m ake I f ( M a n o j K u m a r Ti w a r i , J.) 1 6 .9 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE5 3, cn=PRABODH KUMAR