IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2041 of 2010 (M/S) Dr. Santosh Singh S/o Sri Malik Singh …….. Petitioner Versus State of Uttarakhand and others ….. Respondents Mr. Ramji Srivastava, Advocate for the petitioner. Mr. N.P. Shah, Standing Counsel for respondent/State. (Hon’ble B.S. Verma, J.) Heard Mr. Ramji Srivastava, Advocate for the petitioner and Mr. N.P. Shah, Standing Counsel for the respondent/State. By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 07-09-2010 (Annexure No. 8 to the writ petition). According to the petitioner, the petitioner is joint owner of the disputed house along with respondent No.4. Earlier the license for running paying guest was granted by the consent of both the parties and subsequently it was cancelled on the objection filed by the petitioner on 18-8-2010. But without giving opportunity of hearing to the petitioner it was again restored on the application moved by respondent No.4 vide impugned exparte order dated 7-9-2010, passed by District Tourism Officer, 45 Gandhi Road Dehradun. Since the impugned order is exparte, the petitioner may file recall application before respondent No.3 to recall the order passed without giving opportunity of hearing to the petitioner. If the recall application is moved by the petitioner before respondent No.3 the same shall be decided by respondent No.3 expeditiously by a speaking and reasoned order, preferably within four weeks from the date of production of certified copy of this order along with recall application. With the above direction the writ petition is disposed of finally. Dated: 06-12-2010 (B.S. Verma, J. ) ISB 2 2 3 3