WPMS 2385/2011 Hon’ble Tarun Agarwala, J. Heard Mr. T.R. Joshi, the learned counsel for the petitioner, Mr. Shobhit Saharia, the learned counsel for respondent nos. 1 to 3 and Mr. H.M. Raturi, the learned Standing Counsel for respondent no. 4. The petitioner has assailed the order dated 4th January, 2011 passed by the Vice Chairman, Mussorrie Dehradun Development Authority, whereby the construction raised by the petitioner has been sealed under Section 28-A of the U.P. Urban Planning and Development Act, 1973 as well as the order of the appellate authority dated 28th February, 2011, by which the matter was remanded back to the prescribed authority to consider the plan submitted by the petitioner along with the compounding charges, if any. The petitioner, being aggrieved by the said order, has filed the present writ petition. Having heard the learned counsel for the petitioner at some length, the Court finds that pursuant to the permission granted by the State of Uttarakhand for establishing an educational institution, the petitioner without getting any building plan sanctioned from the competent authority started raising construction and eventually, the MDDA passed an order dated 4th January, 2011 under Section 28-A of the Act of 1973 sealing the premises in question. The petitioner, being aggrieved, filed an appeal and during its pendency, moved an application before the appellate authority stating therein that the petitioner may be permitted to file a fresh plan which may be considered by the appropriate authority along with the compounding charges, if any. On that basis, the appellate authority has remanded back the matter to the prescribed authority for consideration of the petitioner’s application. In the light of the aforesaid, since the impugned appellate order was passed at the instance of the petitioner’s application, this Court is of the view that it is no longer permissible for the petitioner to question the appellate order before the writ court. Even otherwise, the Court does not find any justification to interfere in the impugned orders. The writ petition is dismissed. (Tarun Agarwala, J.) 15-11-2011 SP