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Law College Dehradun: Law College Dehradun has splendidly contributed to legal
education in the country since its inception in 2002. It has set a paradigm for legal education
in the nation by offering innovative, research-driven discourses. With scholarly and
experience-rich faculty, the college has earned many laurels to its credit, it has pioneered the
5-years BA.LL.B. integrated undergraduate course in the northern region of India, it is the
first independent Law College and also the first to get the Bar Council of Indias approval to
run LL.M. degree course in the state of Uttarakhand. As a traditional legal institution, the
college has an illustrious history replete of examples of its alumni achieving the pinnacle of
success in the legal frontiers as judges, professors, and advocates. The excellent academic
record of our students speaks volumes about the value and quality of education that is
imparted here with great labour and care. The college continues perpetually to contribute to
its glorious history with state-of-the-art infrastructure and innovative and creative teaching
methodologies to ensure that the products of this college stand out as beacons of knowledge
in the society and paragons of Justice.
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INVITATION LETTER
To:
The Director/Dean/Principal/Head of the Department.
Since its inception in 2002, Law College Dehradun, faculty of Uttaranchal University
has splendidly contributed to legal education in the country. This year, with the aim of
serving as a channel through which young law students can showcase and hone their
advocacy skills, we are organising the second edition of our National Moot Court
Competition (6 to 8 October 2017). The last edition of this competition was won by
WBNLUS while CNLU Patna was the runner-up. Now, this year we welcome participation
from the best law schools of the country, in the expectation to chisel out the proficient
lawyers and judges of future.
Thank you!
Yours sincerely,
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MOOT PROPOSITION
2. The Anga Pradesh (A.P.) shares an international boundary with Republic of Rising
Sun and is in the north-eastern part of Indistan. Anga Pradesh (A.P.) is inhabited by
13 major tribes, which constitutes the 97 percent population of State. Each tribe in the
State of Anga Pradesh is unique in character with its own distinct customs, language
and dress. One third of Anga Pradesh (A.P.) is covered by tropical and sub-tropical
evergreen forests.
3. Under the Constitutional scheme of Indistan, Anga Pradesh (A.P.) has been granted a
great degree of state autonomy, as well as special powers and autonomy for tribes to
conduct their own affairs. Each tribe has a hierarchy of councils at the village, range,
and tribal levels dealing with local disputes. The autonomy of Anga Pradesh is
ensured by Article 371A of the Constitution of Indistan.
4. The Constitution of Indistan also provides a kind of autonomy for the administration
of such areas through the Tribal Advisory Council and provides special protection to
the land and area inhabited by them. The Constitution of Indistan specifically
forbids the transfer of such tribal land to non- tribals. Special provisions for
administration of justice in these areas are guaranteed.
5. Anga Pradesh is also known as Land of Happiness. The diversity of people and
tribes, each with their own culture and heritage, creates a year-long atmosphere of
celebrations. As the literacy rate is exceptionally high in the Anga Pradesh i.e. around
95 % - the typical gender discrimination in the social & economic realm is almost
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absent and perhaps remains a classic example for the rest of Indistan which has high
rate of illiteracy, gender based violence and crimes at alarming rate.
I.
6. In January 2017, there was a general election in the State of Anga Pradesh. The
political party led by Mr. Yohanan stormed to power winning 57 seats out of a 70
member legislative assembly. Mr. Yohanan as well as the election manifesto of his
political party promised the implementation of provisions of part IXA of the
Constitution of Indistan including the reservation in favour of women by bringing
suitable law within a period of six months. After the landslide victory, Mr. Yohanan
was sworn-in as Chief Minister of the Anga Pradesh.
8. The protests and blockade continued for several weeks which had serious impact on
law & order in the state of Anga Pradesh, supply of essential commodities to the
State jeopardizing the human life and dignity in worst manner. However, the call for
bandhs and blockade was largely peaceful and no women were harmed in any
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manner in entire state. However, it resulted in the death of seven protesters in a
fortnight period due to various reasons.
9. However, the Governor of the State i.e. Anga Pradesh (A.P.) citing his special
responsibility under the Article 371A with respect to law and order in the State is
not giving his assent to the Ordinance as approved by the Cabinet of Mr. Yohanan.
10. An NGO named as PEW -Participation & Emancipation of Women is working for the
socio, economic and political justice to the tribal women in Anga Pradesh. The
awakened and literate tribal women belonging to almost all 13 tribes have their
association seeking a fair share in political sphere also. All these 13 Tribes
Association are affiliate members of PEW as well. The NGO i.e. PEW preferred a
Writ Petition against Governor of Anga Pradesh in a Supreme Court of Indistan under
Article 32 of the Constitution of Indistan seeking a direction for enforcement of
provision of Article 243T of the Constitution of India which would ensure fair
representation of womanhood in the political life of local governance as envisioned
in the Constitution (Seventy Fourth Amendment) Act, 1992. It further argues that
Governor is bound to give his assent to the proposed Ordinance as approved by the
Cabinet under the constitutional scheme of the Indistan and as settled by the apex
Court in a catena of decision.
II.
11. Mr. Hobart is a veteran legislator, who has distinction of having been elected
consecutively for the 6th time to the State Assembly of Anga Pradesh (A.P.). He
made a passionate speech on the floor of the House pitching for much needed reform
on womens participation, representation in tune with the constitutional objectives
and at the same time need for balancing the same with long traditions, values,
customs, and societal convention of the local population for a peaceful co-existence.
12. While Mr. Hobart was making speech on the floor of the House, his Smartphone
(which has touch-screen feature) got activated and the speech became Live through
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his social media page of Facebook using the internet services (Wi-fi) of the
Legislative Assembly itself.
13. The Honble Speaker of the Legislative Assembly received another complaint from
the Leader of Opposition against Mr. Hobart for breach of ethics and rules of
procedure of the House. The Speaker also got this incident examined by the Ethics
Committee of the House. On recommendation of the Ethics Committee of the House,
the Honble Speaker suspended Mr. Hobart for six weeks to which he replied that he
was not aware about activation of his social- media page in his mobile phone as it was
a new era Smartphone (which had the feature of Touch-Screen). He further submitted
that he also got to know about his speech getting Live incident from the news
channel when he reached his home back after the business of the House got finished
for that particular day. He further stated that accidental, unintentional act of his i.e.
making speech live through Facebook page on the floor of the house enhances the
open and responsive democracy, freedom of speech & expression, promotes the
right of citizenry to know as constitutionally inscribed values and objectives in
liberal democratic governance. He further, sought a review of the decision i.e.
suspension of Six weeks from Assembly of the Honble Speaker. The Honble
Speaker disposed of the review petition and retained his previous decision in case of
Mr. Hobart.
14. Mr. Hobart challenged the decision of Honble Speaker as violative of Fundamental
Rights and constitutional norms in the modern governance in a Writ Petition before
the Supreme Court of Indistan and also sought the writ declaring the rules as
unconstitutional which prohibits the Live Telecast of proceedings of the business of
House as violative of basic feature of the Constitution i.e. Democracy. The Honble
Supreme Court of Indistan has issued a notice in the writ petition of Mr. Hobart.
III.
15. Two ministers were allegedly caught on Television Camera watching porn on the
mobile phone during assembly proceedings. It was the mobile phone of Mr. Savadi,
which has the porn page opened and another Minister Mr. Ozan peeping into the
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phone of Mr. Savadi. It was playing the clip of child pornography. As the news of
this incident was flashed by the major News Channel of the country, Mr. Savadi
asserted that:- Yes, I watched it (clipping). But I have not committed any crime. It is
not on my mobile. Just watching it is not a crime.
16. The Speaker of the Legislative Assembly, Anga Pradesh (A.P.) received a
memorandum of complaint from the Leader of Opposition against two minister
seeking an investigation into the alleged Porn Gate Scandal and demanded an FIR to
be registered against the two ministers for playing child pornographic movie. It
further stated that the Honble Supreme Court of Indistan recently banned all the
website containing child pornographic movies.
17. Next day, the Speaker suspended the membership of two minister and referred the
matter to the Ethics Committee of the Assembly to enquire into the alleged Porn
Gate incident. The Ethics Committee viewed this issue very seriously and
recommended the expulsion of Mr. Savadi to the Speaker. In case of Mr. Ozan, it took
a lenient view and recommended suspension of six weeks from the legislative
assembly giving benefit of doubt and indirect involvement in browsing porn website
on Mr. Savadi mobile phone.
18. The Honble Speaker accepted the recommendations of the Ethics Committee in case
of two Ministers i.e. Mr. Savadi & Mr. Ozan. The Honble Speaker, Legislative
Assembly of A.P. directed the Secretary General of the Legislative Assembly to get
an FIR registered in the incident against Mr. Savadi as it was his mobile phone which
has the porn website on.
19. Pursuant to First Information Report (FIR), the police initiated an investigation and
sought the access of mobile phone of Mr. Savadi to which he denied claiming the
protection guaranteed under Fundamental Rights against the illegal search and seizure
in absence of proper warrant and jurisdiction. He further claimed that the alleged
incident happened inside the Assembly when the session was going on and he further
claimed the absolute privilege and immunity from such seizure and investigation of
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the incident which happened inside the legislative assembly when the session was
going on.
21. The Speaker categorically authorized the police to conduct the physical search and
seizure of the two offices, respective official computers of both the ministers in
presence of Secretary General of the Assembly.
22. On search and seizure, the police could not recover any incriminating material related
to Porn Gate Scandal from the computers and internet based services of Mr. Savadi.
However, it found that the official computer of Mr. Ozan has been used to access
various website containing child pornographic clips and store the same through an
Internet file-sharing program.
23. Mr. Ozan contends that there is a big political conspiracy to scandalize him as he
pushed forward the Bill seeking reform in the Urban Local Bodies providing
reservation to the women. It has annoyed the powerful local tribal community who
wants to impose the old, archaic system in the name of social customary practice
which kept women out of political life. He further alleged that the police obtained
information from the Internet Service provider (ISP) first prior to the alleged incident
of Porn Gate scandal, without prior judicial authorization and the subscriber
information associated with that IP Address. He further stated that the permission
obtained from the Honble Speaker with regard to search of office premises,
computers etc. of him and Mr. Savadi is pre-planned and an attempt to legitimize the
illegal activities of Police (i.e. Conducting an unconstitutional search by obtaining
subscriber information matching the IP address from the ISP).
24. Mr. Ozan claimed that the evidence obtained as a result should be excluded and it
violates the constitutional protection afforded to the members of House in form of
Legislative Privileges besides the safeguards in part III of the Constitution of India.
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25. Mr. Ozan challenged the entire proceedings of search & seizure in a Writ Petition
under Article 226 of the Constitution, as conducted by Police in the premises of
Legislative Assembly as unconstitutional, violative of Fundamental rights, infringing
right to privacy and search unauthorized by law. The High Court dismissed the writ
petition terming that the Police had sought due permission from Speaker of the
Legislative Assembly, obtaining information from the ISP does not constitute a
search and the seizure is not protected by the scheme of legislative privileges as
afforded to the members of Legislative assembly.
26. Mr. Ozan has preferred a Special Leave Petition to the Supreme Court of Indistan
against the order and judgment of High Court of Anga Pradesh (A.P.) raising the
substantial question of law as to the interpretation of Constitution of Indistan.
IV.
27. The Supreme Court of Indistan has clubbed the three petition (Firstly the Writ Petition
by Mr. Hobart, secondly the appeal by Mr. Ozan & thirdly the PIL by NGO PEW
seeking enforcement of Article 243 of the Constitution of Indistan and posted for
hearing on 7th - 8th October 2017. It has framed the following issues for
consideration:-
I. Whether the rules which prohibits the Live Telecast of proceedings of the
business of House is against the basic feature of Constitution and the
impugned activities i.e. Live telecast of Speech is a part of Article 19 of the
Constitution of India or not?
II. Whether the search & seizure as conducted by Police is within the
permissible limits of the Constitution of Indistan and procedure prescribed by
the law or not?
(i) Whether the information obtained by police from the Internet Service
Provider constitute a search prescribed by law or not?
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(ii) If so, whether the search and subsequent seizure is excluded due to
legislative privileges as afforded to members of legislature or not?
III. Whether this court can pass an appropriate writ to the State in the petition
and issues raised by NGO PEW (Participation & Emancipation of Women)
seeking enforcement of Article 243T to the extent of reserving 1/3rd of total
number of seats to be filled by direct election in every municipality for
women or not?
NOTE:
Parties may construct their own additional issues based only on the facts contemplated
in the Moot Proposition and present arguments for the same.
DISCLAIMER:
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RULES OF THE COMPETITION
INDEX
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1. ADMINISTRATION AND GRIEVANCE REDRESSAL
(1) The Moot Court Society of the Law College Dehradun, faculty of Uttaranchal
University shall function as the administrative body for all purposes of this
Competition.
(2) An Appellate Tribunal comprising of the Dean (Law), H.O.D. (Law), the
President of the Moot Court Society of the Uttaranchal University and two
other independent persons to be appointed by the Dean (Law) shall settle
appeals from the decisions of the administrators. Decision of the Appellate
Tribunal shall be final and binding.
(1) Students pursuing the three or the five year LL.B. course in the academic year
2017-2018 from any law school/college/university in India recognized by the
Bar Council of India (hereinafter BCI) are eligible to participate. Students
pursuing their LL.M. may also participate if they are not enrolled as advocates
with the BCI.
(3) Teams shall comprise of a maximum of 3 (two designated as oralists and one
as researcher) and a minimum of 2 (both designated as oralists) members. No
additional person is allowed to accompany the team.
(2) The participants must adhere to standards of conduct and dress as high as
those required of a lawyer engaged in the practice of law in India, however,
use of robes and/or collars is not permitted.
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4. REGISTRATION
(1) The registration fee per team is INR 3500. Teams must make the payment of
the aforesaid amount only upon selection of their memorials after the
Memorial Elimination round in a mode prescribed by the administrators.
(1) Accommodation and Food shall be provided to all teams from the evening of
Friday, 6 October 2017 to the morning of Monday, 9 October, 2017. Teams
who intend to arrive prior to or leave after the specified dates are required to
inform the administrators in advance.
(2) Conveyance to and from the venue shall be provided to all the teams. The
teams must submit their travel plan online at http://lcdmcs.com/reg upon
confirmation of their selection after the Memorial Elimination round.
(1) Clarifications regarding the Moot Proposition or the Rules may be requested
online at http://lcdmcs.com/contact latest by Monday, 7 August 2017 (23:59
hrs IST).
(1) Teams are also advised to check out our FAQs at http://lcdmcs.com/faq.
7. ANONYMITY
(1) Each team shall be allotted a team code upon final registration. Teams are
forbidden from disclosing their identities to the judges or other participating
teams or anywhere in their written submission; and must only use their
respective team codes for all correspondence for the purpose of this
Competition except with the administrators.
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(2) Disclosure of identity shall ensue immediate disqualification.
8. MEMORIAL
(1) SUBMISSION
1. Each team must prepare memorials for both parties, i.e., the
petitioner/applicant and the respondent.
(2) COMPENDIUM
1. Compendium means a compilation of cases and other materials
referred to in, or supporting, the written submission, that may be
submitted by a Team.
2. The Compendium shall only contain the first page of the cited
authority along with the relevant pages cited in the memorial.
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same format and any deviation from the sample format shall ensue
disqualification.
2. The Memorial shall be printed on only one side of A4 size paper, with
the following mandatory formatting specifications:
1 inch margin on all sides;
Time New Roman typeface with 12 font size; and
1.5 line spacing.
5. The following colour scheme shall be followed for the Cover Page of
the Memorials: PETITIONER : BLUE and RESPONDENT : RED
(The cover pages are already colour coded in the sample memorial).
(4) PENALTIES
1. Late Submission: 2 points for every 12 hours delay; disqualification
after 48 hours.
2. Incorrect filename: 1 point per file.
3. Deviation from Sample Memorial format: 2 points for each instance.
4. Improper formatting: 2 points for each instance.
5. Improper citations: 5 points.
6. Exceeding page limit in argument section: 2 points per page.
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Proper and Articulate Analysis : 15
Depth and Use of Research : 15
Organization and Presentation : 15
Grammar and Language : 10
Novelty of Arguments : 15
Clarity of Thought and Originality : 10
2. The teams are prohibited from making any marks on the exchanged
Memorials and must return the Memorials to the administrators after
each round. The teams are prohibited from making any copies of the
exchanged Memorials.
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9. RESEARCHERS TEST
(1) The Researchers Test shall be conducted on Friday, 6 October 2017.
Participation in the Researchers Test is mandatory for all Teams and failure to
participate may result in disqualification subject to the discretion of the
administrators.
(2) In case of Teams with three Members, only the designated Researcher shall
write the test and such Researcher shall not be allowed to address the forum
during the Oral Rounds. A Team violating this rule may be disqualified from
the Competition.
(3) In case of Teams with only two Members, either of those Members may write
the test.
(4) The duration of the Researchers Test shall be 1 hour and it shall be in the
Multiple Choice Question Format.
(5) Researchers Test shall test the knowledge of the laws involved as well as the
factual details of the Case and the application of the relevant laws to the
circumstances in the moot problem.
3. Delay in appearance for a round exceeding five (5) minutes will render
disqualification of the team for that round. In such a case, their
opponent shall make their oral submissions ex-parte.
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4. Any Compendium of cited authorities may be submitted to the Court
Masters prior to the oral pleading session. However, any further
document may also be submitted during the proceeding, at the
discretion of the bench.
6. Team members may pass written material to the Orator who may be
speaking, in a discreet manner without disrupting court proceedings.
Knowledge of Law : 20
Application of Law to Facts : 20
Ingenuity and Ability to Answer Questions : 20
Use of Authorities : 15
Style, Poise, Courtesy, Demeanour : 10
Time Management and Organisation : 10
Effective Rebuttals : 05
2. Time limit for the oral submissions in each round shall be twenty-five
(25) minutes for each team. This shall include the submissions of both
the speakers from the team and the time reserved for
rebuttal/surrebuttal. No speaker may reserve more than fifteen (15)
minutes for his/her individual oral submissions.
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surrebuttal; and the sur-rebuttal shall be limited to the rebuttals made
by the opponent team.
1. Time limit for the oral submissions shall be thirty-five (35) minutes for
each team. This shall include the submissions of both the speakers
from the team and the time reserved for rebuttal/surrebuttal. No
speaker may reserve more than twenty (20) minutes for his/her
individual oral submissions.
1. Time limit for the oral submissions shall be forty-five (45) minutes for
each team. This shall include the submissions of both the speakers
from the team and the time reserved for rebuttal/surrebuttal. No
speaker may reserve more than twenty-five (25) minutes for his/her
individual oral submissions.
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pairing of teams in the two preliminary oral rounds:
2. No two teams will argue against each other more than once in the
Preliminary Rounds.
3. The top 8 teams based on their win/loss ratio (Win Loss Ratio is the
ratio of number of Wins versus the number of Loss in the Preliminary
Rounds.) and Total Preliminary Score (Total Preliminary Score is the
total score obtained by both the speakers in both the Preliminary
Rounds. Total Preliminary score does not include the memorial
scores.) in the Preliminary Rounds, shall qualify for the Quarter Final
Rounds. Further, following shall be the system for determining the
teams that advance to the Quarter Final Rounds.
4. If there are more than 8 teams that have a Win Loss ratio of 2:0, then
out of such teams, the top 8 teams based on their Total Preliminary
Score, shall qualify for the Quarter Finals.
5. If there are less than 8 teams that have a Win Loss Ratio of 2:0, then
firstly, all such teams that have a Win Loss Ratio of 2:0 shall advance
for the Quarter Finals Rounds. Secondly, Out of the teams that have a
Win Loss Ratio of 1:0, the remaining spots in the Quarter Final
Rounds shall be filled, based on the Total Preliminary Score of such
teams.
6. If there continues to be a tie, then the team with the higher Memorial
scores shall qualify to the Quarter Final Rounds.
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(2) ADVANCED ROUNDS
12. SCOUTING
(1) Scouting is not permitted and it shall be deemed to have happened if the
Speakers, Researcher or any other person affiliated with a team is found:
13. AWARDS
(1) The team with the maximum score in the final round will be declared as the
Winning Team and shall be awarded a trophy & a cash prize of INR
25,000/- whereas the team with the second highest score in the final round will
be declared as the Runners up Team and shall be awarded a trophy & a cash
prize of INR 15,000/-.
(2) The two speakers (one male and one female) with the maximum score in the
Preliminary Rounds will be declared the Best Oralist - Male/Female and
shall be awarded a trophy and a cash prize of INR 5,000/- each.
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(3) The team with the maximum Memorial scores shall be awarded a trophy and a
cash prize of INR 5,000/-.
(4) The person securing maximum marks in the Researchers Test shall be
awarded trophy and a cash prize of INR 5,000/-,
(5) Certificates and a memoir shall be awarded to all participating teams. Some
surprise gifts may also be awarded.
14. MISCELLANEOUS
(3) The Proposition is neither intended to nor does it attempt to resemble any
incident or any person, living or dead. Any such resemblance is purely
coincidental. The Proposition is a fictitious factual account prepared for the
purposes of the present Competition only and it does not attempt to influence
or predict the outcome of any matter whatsoever.
(4) The copyright in the Memorials submitted by the teams shall vest with the
administrators. The acceptance of such vesting is a precondition to
participation in the Competition.
(5) The Administrators reserve the right to amend, alter, vary or change, in any
manner whatsoever, the Rules governing the Competition, which would be
communicated to the teams within a reasonable period.
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SCHEDULE OF THE COMPETITION
PRE-COMPETITION SCHEDULE
COMPETITION SCHEDULE
Allotment of Courtrooms,
07:00 08:00 PM Exchange of Memorials & Seminar Hall
Orientation Program
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SATURDAY, 07 OCTOBER 2017
08:00 09:00 AM Breakfast Venue of Stay
Semi-Final Rounds
10:00 12:00 AM *Result shall be declared in the Respective Courtrooms
Court Rooms itself.
Allotment of party, exchange
12:00 12:10 PM Legal Aid Center
of memorial for Final round.
12:00 01:00 PM Lunch Food Court
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CONTACT DETAILS
For any queries, please do not hesitate to contact us via our website at
http://lcdmcs.com/contact or alternatively use the contact details further following:
We have also set-up a Frequently Asked Questions section on our website which may
answer general queries regarding the competition, the same can be accessed at
http://lcdmcs.com/faq.
POSTAL ADDRESS:
Law College Dehradun, faculty of Uttaranchal University,
C/O Moot Court Society,
Arcadia Grant, Chandanwari, Premnagar, Dehradun, Uttarakhand 248007
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