Society For Nurcher Education And Health Advancement vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

This writ petition has been filed by Society for Nurcher Education and Health Advancement, seeking the following reliefs:-

“i. A writ, order or direction in the nature of Mandamus directing respondent no. 4 and 5 not to demolish the corner of the school building without

adopting due process of law, over and above mandate of Article 300A of Constitution of India.

ii. A writ, order or direction in the nature of Mandamus directing respondent no. 4 and 5 to comply with the written compromise dated 08.06.2021 in

regard to widening of Nala and construction of boundary wall and culvert, in letter and spirit, expeditiously so as to avoid flooding in the school

campus.â€​

It has come on record that petitioner has filed Civil Suit No. 186 of 2021, seeking injunction against Nagar Nigam, Dehradun. The said suit is

pending in the Court of Civil Judge (Senior Division), Dehradun.

Time was granted to learned counsel for the respondents to get instructions in the matter. Today, on instructions, Mr. Ashish Joshi, learned counsel

appearing for respondent no. 6 and Mr. T.S. Phartiyal, learned Addl. C.S.C. appearing for the State submit that there is some dispute between the

parties regarding alignment of a public drain (Nala), which is going to be constructed. Petitioner contends that the authorities are intruding into his land

for constructing the drain.

Mr. Ashish Joshi, learned counsel appearing for respondent no. 6 further submits that the work of construction of public drain has been assigned to

Irrigation Department, which is the executing agency and role of Nagar Nigam is limited only to removal of the obstructions, if any.

Having regard to the reliefs claimed in the writ petition, this Court thinks that ends of justice would be met, if petitioner is relegated to approach the

Civil Court already seized with the matter and a limited protection for a period of three weeks be given to the petitioner to preserve the property in

question till filing of appropriate application.

Accordingly, the writ petition is disposed of with liberty to petitioner to approach the competent Civil Court on or before 21.07.2021.

Only till 21.07.2021, parties shall maintain status quo.

Let a certified copy of this order be supplied within 24 hours.