WPMS/1262/2021
2021 Latest Caselaw 2310 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 8TH DAY OF JULY, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1262 of 2021
BETWEEN:

Neeraj Kumar                           ...Petitioner
     (By Mr. Laxman Singh, Advocate)

AND:

State of Uttarakhand & others          ...Respondents

     (By Mr. Devesh Ghildiyal, learned Brief Holder for the
     State of Uttarakhand)

                     JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ, order or direction in the nature of mandamus to direct the respondents regarding the proper survey and delimitation of gram sabha Badhedi Rajputana and constitute a new gram sabha of village Shantarshah, otherwise the petitioner shall suffer irreparable loss and inquiry.

2. Learned counsel for the State submits that petitioner has filed this writ petition without making a demand before the Competent Authority, therefore, writ of mandamus cannot be issued.

3. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to make representation to District Magistrate, Haridwar. If such a representation is made within two weeks from

today, District Magistrate, Haridwar shall consider the same and pass appropriate order, in accordance with law, within four weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Aswal