WPMS/2586/2021
2021 Latest Caselaw 4970 UK

IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
         ON THE 8TH DAY OF DECEMBER, 2021
                                    BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         WRIT PETITION (M/S) No. 2586 of 2021

BETWEEN:

Mohd. Ahsan Abbasi.                                        ..........Petitioner
         (By Mr. Akshay Latwal, Advocate)


AND:
State of Uttarakhand & others.                             ....Respondents
         (Mr.   T.S.   Phartiyal,    Additional   C.S.C.    for   the   State   of
         Uttarakhand/respondent nos. 1 & 2 and Mr. Manish Lohani,
         Advocate, holding brief of Mr. Sandeep Kothari, Advocate for
         respondent no. 3)


                              JUDGMENT

According to the petitioner, Nagar Palika Parishad, Manglour has awarded contract for laying of coloured interlocking tiles in ward no. 2, however, one Irteja (respondent no. 5) has encroached upon the public land and he is not permitting the contractor to lay the interlocking tiles.

2. Learned counsel appearing for the petitioner has drawn attention of this Court to a letter issued by Executive Officer of Nagar Palika Parishad to respondent no. 5, in which, Executive Officer has requested to respondent no. 5 to remove his encroachment from the public land.

3. By means of this writ petition, petitioner has sought the following reliefs:

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 to 4 to complete the construction work of roads & drain by colored inter locking tiles in accordance to the resolution no. 11(25) (vi) passed in the board meeting dated 08-10- 2021.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 to not to interfere in the construction work of roads & drain by colored inter locking tiles in accordance to resolution no. 11(25) (vi) passed in the board meeting dated 08-10-2021."

4. The reliefs, as claimed in the writ petition cannot be granted. However, having regard to the fact that, Executive Officer has issued a notice to respondent no. 5 for removing his encroachment, the writ petition is disposed of with a direction to Executive Officer to invoke the powers available under Municipalities Act, for removing encroachment, if any, on public land.

(MANOJ KUMAR TIWARI, J.) Navin