ANURAG SAINI vs MUSSORIE DEHRADUN DEVELOPMENT AUTHORITY

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPMS/3382/2026


Anurag Saini
--Petitioner

Versus
Mussorie Dehradun Development
Authority
--Respondent


Hon'ble Alok Mahra, J.
Mr. Abhilash Nainwal, learned
counsel for the petitioner.
2. Mr. Ghanshyam Joshi, learned Addl.
C.S.C. along with Mr. P.S. Bisht, learned
Brief Holder for the State.
3. Mr. Rahul Consul, learned counsel
for MDDA.
4. By means of the present writ
petition, preferred under Article 226 of the
Constitution of India, the petitioner seeks
issuance of a writ, order or direction in the
nature of certiorari, quashing the
impugned objections dated 23.06.2026
issued by respondent no.1 in File No.
R/1223/26-27, along with the
consequential order of rejection, if any,
whereby the petitioner's application for
sanction of a residential building plan has
been rejected on allegedly frivolous and
untenable grounds. The petitioner further
seeks a writ, order or direction in the
nature of mandamus commanding
respondent no.1 to consider and decide

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the petitioner's application for sanction of
the building plan in accordance with law
and to permit the petitioner to raise
construction over the land recorded in
Khatauni Khata No.236, Khasra No.269
Ka, admeasuring 92.93 square metres,
situated at Mauja Gurada Mansingh,
Pargana Parwadoon, Tehsil and District
Dehradun. The petitioner also seeks a
direction to respondent no.1 to consider
the aforesaid application upon the
petitioner furnishing an undertaking in
terms of the order dated 09.10.2025
passed by this Court in Writ Petition (M/S)
No.2799 of 2025.
5. Mr. Rahul Consul, learned counsel
appearing for the MDDA, on instructions,
would submit that one of the co-sharers of
the land, over which the proposed
construction is to be raised, had instituted
a partition suit. The said suit has been
decided by the learned Trial Court, and
the matter is presently pending in appeal
before the learned Collector, First Class,
Dehradun. He would further submit that,
in the event the matter is remanded by the
learned Commissioner, Garhwal Division,
difficulty is being faced by the MDDA in
sanctioning the building plan, as the
portion of land which may ultimately fall
to the petitioner's share has not yet been
identified.
6. Mr. Rahul Consul, however, submits
that if petitioner gives an undertaking in
the form of an affidavit that in case any
adverse order is passed against petitioner
in the pending appeal, then he alone shall

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be responsible for all consequences that
may ensue.
7. The writ petition is disposed of in
view of the statement made by Mr. Consul
with liberty to petitioner to move
application afresh along with an
undertaking/affidavit in terms of the
statement made by Mr. Consul.
8. If petitioner makes such application
within ten days from today, the competent
authority shall consider petitioner’s
request and pass appropriate order, as per
law, within six weeks thereafter.




(Alok Mahra, J.)
03.11.2026
Mamta

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