WPMS/2431/2021
2021 Latest Caselaw 4670 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 22ND DAY OF NOVEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2431 of 2021

BETWEEN:

Meharban.                                        .....Petitioner
     (By Mr. Bilal Ahmed, Advocate)

AND:
Sub Divisional Magistrate
Roorkee, District Haridwar & others.        ...Respondents
     (By Mr. Anil Dabral, Additional Chief Standing Counsel for
     the State of Uttarakhand/respondent no.1)


                      JUDGMENT

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

"I. To issue a writ order or direction in the nature of mandamus directing and commanding the respondents no. 1 & 2 to take appropriate and suitable action on the representation of petitioner regarding illegal acts of respondent no. 3 & 4 thereby encroaching over the public utility approach road."

2. According to the petitioner, respondent nos. 3 & 4 are encroaching upon a public street, by raising construction thereupon and petitioner's representation made to Sub Divisional Magistrate concerned is not being considered.

3. Learned Additional Chief Standing Counsel appearing for the State rightly submits that Sub Divisional Magistrate has no jurisdiction in such matters.

4. Since Manglour Town is within jurisdiction of Haridwar-Roorkee Development Authority, therefore, petitioner should have made representation to Secretary Haridwar-Roorkee Development Authority.

5. Learned counsel for the petitioner submits that petitioner may be permitted to make representation to Competent Authority in Haridwar- Roorkee Development authority.

6. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Secretary, Haridwar-Roorkee Development Authority within two weeks from today. If petitioner makes such representation within the stipulated time, Secretary Haridwar-Roorkee Development Authority shall look into the matter and take appropriate decision, in accordance with law within ten weeks thereafter.

7. It goes without saying that before passing any order, Secretary, Haridwar-Roorkee Development Authority shall hear all stakeholders, including respondent nos. 3 & 4.

(MANOJ KUMAR TIWARI, J.) Navin