WPMS/2/2022
2022 Latest Caselaw 31 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 04TH DAY OF JANUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 2 of 2022
BETWEEN:
Vikram Singh Shahi                                            ...Petitioner
      (By Mr. Vinod Tiwari, Advocate)

AND:

State of Uttarakhand and another                            ...Respondents
      (By Mr. J.S. Bisht, Standing Counsel for the State)


                           JUDGMENT

According to the petitioner, he was granted work order for removal of River Bed Material under the river training policy, formulated by the State Government.

2. Grievance of the petitioner is that storage area of the petitioner is across the river and he wants permission from the District Magistrate, Bageshwar to build a ramp over the river so that vehicles carrying River Bed Material may approach his storage area.

3. Learned counsel for the petitioner submits that a representation has already been submitted to the District Magistrate, on 18.09.2021 and he confines his prayer and submits that District Magistrate, Bageshwar be directed to take decision on petitioner's representation.

4. Learned Standing Counsel for the State however submits that permission, if granted, for movement of vehicles over public land and also river bed land, may be misused by unscrupulous persons, who may indulge in theft of minerals from river bed. According to him, in order to ensure that petitioner or other individuals do not commit any wrongful act under the garb of permission, petitioner may be asked to deposit a sum of ` 2,00,000/- with District Magistrate, Bageshwar as security to ensure that he does not indulge in malpractices.

5. In such view of the matter, the writ petition is disposed of with direction to the petitioner to deposit a sum of ` 2,00,000/- with District Magistrate, Bageshwar within one week. Subject to deposit of the said amount within stipulated time, District Magistrate Bageshwar shall consider petitioner's representation and take appropriate decision as per law within ten days thereafter.

6. Let a certified copy of the order be supplied to learned counsel for the parties, today on payment of usual charges.

(MANOJ KUMAR TIWARI, J.) Shubham