WPMS/1172/2021
2021 Latest Caselaw 2099 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 28th DAY OF JUNE, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


              Writ Petition (M/S) No.1172 of 2021

BETWEEN:
  Sunder Lal Lekhwar
                                                       .....Petitioner
       (Mr. Harendra Belwal, Advocate)

AND:

     State of Uttarakhand & Others
                                                  .....Respondents

       (Mr. T.S. Phartiyal, Addl. C.S.C. for State of Uttarakhand and Mr.
       Rahul Consul, Advocate for M.D.D.A./ respondent no.6)


                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Respondent no.8 has constructed a cow shed in a residential colony i.e. Lane No.1, Vishnupuram, Motharowala, District Dehradun. It is the case of the petitioner that respondent no.8 is running a dairy from the cow shed which is causing pollution in the locality.

3. By means of this writ petition, petitioner has sought a mandamus to the authorities to remove the cow shed/dairy run by respondent no.8.

4. From the relief clause, it is revealed that petitioner wants to settle his personal score with respondent no.8 by getting his cow shed/dairy removed. Public law remedy under Article 226 of The Constitution of India cannot be used by the petitioner for settling personal score with respondent no.8.

5. In such view of the matter, this Court declines to entertain the writ petition. Writ petition is, accordingly, dismissed. However, petitioner shall be at liberty to approach the appropriate authority available to him under law.

6. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Rajni