High CourtsSingle Bench(2021) 06 UK CK 0130

Sunder Lal Lekhwar vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 28 June 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1172 Of 2021

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Judgment

10 paragraphs · 173 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

Respondent no.8 has constructed a cow shed in a residential colony i.e. Lane No.1, Vishnupuram, Motharowala, District Dehradun. It is the case of

the petitioner that respondent no.8 is running a dairy from the cow shed which is causing pollution in the locality.

3.

By means of this writ petition, petitioner has sought a mandamus to the authorities to remove the cow shed/dairy run by respondent no.8.

4.

From the relief clause, it is revealed that petitioner wants to settle his personal score with respondent no.8 by getting his cow shed/dairy removed.

Public law remedy under Article 226 of The Constitution of India cannot be used by the petitioner for settling personal score with respondent no.8.

5.

In such view of the matter, this Court declines to entertain the writ petition. Writ petition is, accordingly, dismissed. However, petitioner shall be at

liberty to approach the appropriate authority available to him under law.

6.

No order as to costs.