Sobha Pandey & Others vs State Of Uttarakhand & Others

S.K. Mishra, J

Heard Mr. M.S. Tyagi, the learned Senior Counsel appearing for the petitioners, and Mr. B.P.S. Mer, the learned Brief Holder for the State.

In this writ petition, the petitioners have prayed for the following reliefs:-

“1. To issue a writ, order or direction in the nature of mandamus directing respondents no.1 to 4 to cancel the FL-7 License (Annexure No.2) to run Liquor Bar and Beer Bar, granted to respondent no.6, at the entrance of the residential colony, in which colony the petitioners and many others reside with their family.

To issue a writ, order or direction in the nature of certiorari quashing the FL-7 license (Annexure no.2) to run Liquor and Beer Bar, granted to respondent no.6, at the entrance of the residential colony in which colony the petitioners and many others reside with their family.

To issue a writ, order or direction in the nature of mandamus directing respondents no.1 to 4, not to renuew the FL-7 license (Annexure no.2) to run Liquor and Beer Bar, granted to respondent no.6, at the entrance of the residential colony in which colony the petitioners and many others reside with their family.

To issue a writ, order or direction in the nature of mandamus directing respondent no.5 to prohibit, illegal parking of vehicles, on the mandi bypass road and at the gates of houses by the drunken persons.

To issue a writ, order or direction in the nature of mandamus directing respondents no.1, 2 and 5, to prohibit entrance of the vehicles of the customers of respondent no.6, through the 12 ft. wide land of the residential colony named as Krishna Colony Phase-2 in which colony the petitioners and many others reside with their family and at the entrance of which colony respondent no.6 is situated.

To issue a writ, order or direction in the nature of mandamus directing respondents no.1, 2 and 5 to prohibit commercial activities conducted by respondent nos.6 and 7 on the plot purchased by respondent no.7 in the year 2021 exclusively for residential purpose in the residential colony named as Krishna Colony, Phase-2, in which colony the petitioners and many others reside with their family”.

It is apparent from the record that another writ petition, namely Writ Petition (PIL) No.25 of 2019, is pending, which was taken up on 22.05.2019. The present petitioners have filed an application for intervention in the said writ petition, which was rejected by a Division 0Bench of this Court with an observation that they may file a writ petition separately. In the meanwhile, certain allegations were made by one Suresh Chandra Goyal, for which a report was submitted by the Inspector, Excise, Government of Uttarakhand, which appears on Page Nos.81 and 82 as Annexure No.14 to this writ petition.

However, this writ petition has not been filed by the said Suresh Chandra Goyal, against whom it is alleged that he owned a banquet hall near the bar, in question. But, these petitioners, relying on all the documents of said Suresh Chandra Goyal, have filed this writ petition claiming that they are residents of that particular colony, and they are being prejudiced by the actions of the persons who come to the said bar.

Be that as it may, it is established from the record that, in fact, the petitioners have never made any representation to any of the authorities before pressing for a writ of mandamus.

It is settled principle of law that if any person is aggrieved by any issue, he should approach the authorities first before making a prayer for issuance of a writ of mandamus.

In that view of the matter, we are not inclined to entertain this writ petition, and dispose of the same with the liberty to the petitioners to make a representation to the respondent No.2, the District Magistrate, Nainital, ventilating their grievances within a period of ten days, by filing a copy of this order, and appropriate documents.

On such an event, the respondent No.2, the District Magistrate, Nainital shall, after affording a reasonable opportunity of hearing and production of documents to the petitioners, and the respondent Nos.6 and 7, shall consider the matter and take a decision on the grievances of the petitioners, strictly in accordance with law within a period of thirty days from the date of production of a certified copy of this order, by a speaking and reasoned order.

Urgency certified copy of this order be issued to the parties on proper application.