WPMS/1847/2018
2021 Latest Caselaw 2069 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 25TH DAY OF JUNE, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1847 of 2018

BETWEEN:

Ashok Kumar Jindal.                           ....Petitioner
     (By Mr. S.C. Bhatt, Advocate)

AND:
The Project Director,
National High Way of India,
and others.                                 ...Respondents
     (By Mr. Naresh Pant, Advocate for respondent nos.1 to 3
     and Mr. T.S. Phartiyal & Mr. G.S. Negi, Additional C.S.C.
     for the State of Uttarakhand)


                      JUDGMENT

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

"i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to complete the drainage (Nala) of the Khatima- Tanakpur National Highway at Village Amaoun, Tehsil Khatima, District Udham Singh Nagar.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents plot of the petitioner shall not be disturbed and do not leave the wastage of drainage (Nala) on the plot of the petitioner."

2. Learned counsel for the respondent nos. 1 to 3 submits that if petitioner makes a representation

for construction of drainage near the plot of the petitioner, his request shall be considered sympathetically.

3. In such view of the matter, the writ petition is disposed of with liberty to petitioner to approach respondent no. 3 by making a representation. If such representation is made within two weeks from today, respondent no. 3 shall consider the same and take appropriate decision thereupon, in accordance with law, within a period of six weeks' from the date of receipt of representation alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan