IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 464 of 2010. Deepak Negi, S/O Late Sri B.S.Negi, R/O Ladpur Ring Road, District Dehradun (Uttarakhand). …….Petitioner Vs. 1. State of Uttarakhand through Secretary, Urban Planing and Development, Secretariat, Dehradun. 2. Mussoorie Dehradun Development Authority, through its Vice Chairman, Pritam Road, Dehradun. ……Respondents. Mr. Sharad Sharma, learned Senior Advocate, with Mr. D.Barthwal & Ms. Mamta Joshi, Advocates, for the petitioner. Mr. K.P. Upadhay, learned Additional C.S.C. for the respondent no1. Mr. D.S. Patni, Advocate, learned counsel for the respondent no.2. Date April 02, 2010. Hon’ble B.S. Verma, J. (Interim Relief Application No. 2154 of 2010) HeardMr. Sharad Sharma, learned Senior Advocate, with Mr. Dharmendra Barthwal and Ms. Mamta Joshi, Advocates, for the petitioner and perused the record. Notice on behalf of the State has been accepted by Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel and the notice on behalf of respondent no. 2 has been accepted by Mr. D.S.Patni, Advocate. By means of this writ petition, the petitioner has sought the following relief:- (i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to take an appropriate decision of compounding within stipulated time frame and desirably before 13-4-2010. (ii) Issue a writ, order or direction in the nature of certiorari quashing the order of sealing the premises (i.e. Order no. 1386/2010 dated 10-2-2010 in Case no. R-550/S-3/09 annexed as Annexure no. 2 to the present petition) in view of subsequent orders passed by the Appellate and Revisional Authorities. (iii) Issue any other suitable writ, order or direction which this Hon’ble Court may deem fit, just and proper in the circumstances of the case as also in the interest of justice. (iv) Allow the writ petition with costs. It appears from a perusal of the record that by order dated 10-2-2010, the Secretary, Mussoorie Dehradun Development Authority, Dehradun, passed an order directing that the unauthorized construction raised by the petitioner be sealed. Aggrieved by the said order, the petitioner preferred an appeal under Section 28(4) of the Uttar Pradesh Urban Planning and Development Act, 1973 before the Commissioner Pauri Garhwal/Chairman M.D.D.A. The appellate authority passed an order dated 25-2-2010 thereby directing the respondent no.2 that if the construction raised by the petitioner comes within the ambit of compounding, the proceedings for compounding be initiated. It was also directed that that opportunity of hearing and evidence be given to the petitioner in the matter. Further aggrieved by the order of the appellate authority, the petitioner preferred a Revision No. 232/2010 before the State Government along with an application for removal of seal pending pendency of revision. The revisional authority i.e. Additional Secretary by his order dated 29-3-2010 directed the matter be considered by the M.D.D.A. within 15 days in the light of the order passed by the Commissioner dated 25-2-2010. According to the petitioner, no interim direction for removal of seal was granted in favour of the petitioner. It is not disputed that the period of 15 days in expiring on 13th April, 2010. The grievance of the petitioner is that on 13th April, 2010, the venue (Gagandeep Resorts, Ring Road, Ladpur, Dehradun), where the sealing had been done by the M.D.D.A, has been reserved for marriage to be solemnized on 13th April 2010 and if the decision is taken by the M.D.D.A. on 13-4-2010 itself, it would create hardship to the petitioner. In the above facts and circumstances of the case, the respondent no.2 is directed to take a decision on the application of the petitioner expeditiously, by 10th April, 2010 instead of 15 days as directed by the revisioinal authority vide order dated 29th March 2010. Certified copy of this order be made available to the respondent no.2 by 5th April 2010 by the petitioner. With the above direction and observation, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. Certified copy of this order be issued to the learned counsel for the parties today on payment of usual charges. (B.S. Verma, J.) RCP