High CourtsSingle Bench(2010) 09 UK CK 0189

Beerbal Singh vs Executive Engineer Northen Division and Others

Uttarakhand High Court · Decided on 8 September 2010

HON’BLE JUDGES
Brahma Singh Verma, J
CASE NUMBER
Writ Petition No. 810 of 2010 (S/S)

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Judgment

6 paragraphs · 279 words

B.S. Verma, J.—Heard learned Counsel for the parties.

2.

By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding respondents for quashing the impugned order No. 2197, dated 26.06.2010 (annexed as Annexure-1 to the writ petition). A further mandamus has been sought commanding the respondents for immediately making payment of the petitioner''s salary for the month of July and August, 2010, which is not still unpaid to him maliciously.

3.

The grievance of the petitioner is that there is a land of Irrigation Department, adjoining to plot No. 196, which was allotted by way of lease to Satyam Educational Society, Roorkee for construction of road against the Government Order as well as against the order of Hon''ble Supreme Court dated 28.07.2009 (annexure-7 to the writ petition). Vide order dated 28.07.2009, Hon''ble Apex Court after hearing learned Counsel for the parties, directed to maintain status-quo regarding the property in question. Said property is under the management of State of U.P. When the petitioner opposed the allotment, he was attached to the office of Sub-Divisional Officer, Roorkee.

4.

The respondent No. 1 shall file personal affidavit within a period of three weeks and explain the fact that under what circumstances Executive Engineer, granted lease in favour of the Satyam Educational Soceity, Roorkee, despite there being order of Hon''ble Apex Court to maintain status-quo regarding the property, which is under the management of Irrigation Department of State of U.P., situated in State of Uttarakhand.

5.

In the meantime, respondent No. 1 shall also decide the representation (annexed as annexure-6 to the writ petition) of the petitioner.

6.

List this petition in the week commencing 04.10.2010.