WPMS/1179/2021
2021 Latest Caselaw 2045 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
          ON THE 24THDAY OF JUNE, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1179 of 2021
BETWEEN:
Anil Kumar & others                      ...Petitioners

      (By Mr. Siddhartha Singh, Advocate)

AND:
Nagar Nigam, Haridwar & another ...Respondents

      (By Mr. Sandeep Kothari, Advocate)

                      JUDGMENT

1. Petitioners are aggrieved by separate notices issued by Assistant Municipal Commissioner, Nagar Nigam, Haridwar on 17.06.2021, whereby they have been asked to remove their encroachments from public road / Nala within one week, failing which the same shall be removed by Nagar Nigam, Haridwar at the costs and expenses of the petitioners.

2. Learned counsel for the petitioners submits that the allegation made in the impugned notices is not correct, as petitioners are owners of the land in question, which they have purchased through registered sale deeds from different persons.

3. Per contra, Mr. Sandeep Kothari, learned counsel appearing for the Nagar Nigam submits that petitioners have encroached upon public land due to which great inconvenience is being caused to the general public and many road accidents have also occurred in the recent past. He further submits that the writ petition is not maintainable against a notice

and final order is yet to be passed. He further submits that disputed question of fact cannot be adjudicated in the writ petition.

4. This Court is also of the opinion that the issues raised by the petitioners cannot be adjudicated in the writ proceedings under Article 226 of the Constitution of India.

5. In such view of the matter, this Court declines to interfere in the matter, however, having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioners to approach the Competent Civil Court within ten days from today. For a period of ten days status quo shall be maintained by the parties.

6. Let certified copy of this order be supplied to the petitioners within 24 hours.

(MANOJ KUMAR TIWARI, J.) Aswal