Uttarakhand High Court
9Th March vs State Of Uttarakhand And Others on 19 March, 2026
2026:UHC:1913-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (S/B) NO. 145 OF 2026
19TH MARCH, 2026
Ram Prakash Sundriyal ...... Petitioner
Versus
State of Uttarakhand and others ...... Respondents
Counsel for the petitioner : Mr. Arvind Kumar Sharma, learned
counsel
Counsel for the respondents : Mr. Gajendra Triptahi, learned
Standing Counsel with Mr. Sachin
Mohan Singh Mehta, learned Brief
Holder for the State / respondent
Nos. 1 and 4
: Mr. Naresh Pant, learned counsel for
respondent Nos. 2 and 3 through
video conferencing
The Court made the following:
JUDGMENT:(per Sri Manoj Kumar Gupta, C.J.)
1) The present writ petition has been filed seeking a writ of mandamus commanding the respondent authorities to transfer respondent No. 5 Manoj Rawat, Executive Engineer, Badkot from the present place of 1 2026:UHC:1913-DB posting to another place on basis of the application filed by the petitioner. It is alleged that respondent No. 5 harbours animosity against the petitioner and, therefore, he should not remain posted at a place where the petitioner resides. It is also alleged that respondent No. 5 had his education at his present place of posting and for this reason also, he should be transferred to some other place.
2) Learned counsel for the petitioner during course of arguments admitted that the petitioner has earlier worked as Pradhan of the village.
3) On the face of it, the writ petition is not maintainable for the relief claimed, as the respondents do not owe any enforceable duty to the petitioner nor any of the right of the petitioner has been infringed. The writ petition is apparently mala fide as the petitioner alleges enmity with respondent No. 5 and, therefore, wants to create obstacle in the posting of respondent No. 5 at his village.
4) The petition being wholly frivolous is dismissed with a cost of Rs.25,000/- to be deposited by the petitioner with the High Court Legal Services Authority within fifteen days from today failing which the amount 2 2026:UHC:1913-DB would be recovered from the petitioner in accordance with law.
5) Pending application(s), if any, also stand disposed of.
_______________________ MANOJ KUMAR GUPTA, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 19TH MARCH, 2026 Negi HIMANS Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf1 16e73351fdaf6878326386908a7f90d5757, HU NEGI postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51A 722A6BC552D470EB4FD2F88DDF7C18DB2A 1524A4D, cn=HIMANSHU NEGI Date: 2026.03.19 17:07:44 +05'30' 3