WPMS/2315/2021
2021 Latest Caselaw 4441 UK

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


       Writ Petition (M/S) No. 2315 of 2021

BETWEEN:

Khairun Nisha Khan                           .......Petitioner
     (By Mr. Ganesh Kandpal, Advocate)

AND:
District Magistrate, Nainital & others. .....Respondents
     (By Mr. T.S. Phartiyal, Additional Chief Standing Counsel
     for the State of Uttarakhand)


                      JUDGMENT

According to the petitioner, respondent no. 3 has constructed a building in violation of the Building Byelaws of Development Authority. According to her, projection and window of the building of respondent no. 3 has been constructed towards the property of the petitioner, therefore, the offending part of the building owned by respondent no. 3 be demolished.

2. The prayer made in the writ petition is reproduced below:-

"I. Issue a writ, order in the nature of mandamus directing the respondent to take a decision on the representation dated 31.08.2021 contained in Annexure No. 3 to the writ petition."

3. The representation dated 31.08.2021 is on record as Annexure No.-3 to the writ petition, which is

addressed to Hon'ble Chief Minister, who is not competent to pass order of demolition in respect of the house belonging to respondent no. 3.

4. Since it is a private dispute between two individuals, therefore, this Court is not inclined to grant the relief, as prayed for.

5. Accordingly, the Writ Petition is dismissed. However, petitioner shall be at liberty to approach the competent authority, if so advised.

(MANOJ KUMAR TIWARI, J.) Navin