WPMS/156/2021
2022 Latest Caselaw 44 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 5TH DAY OF JANUARY, 2022
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 156 of 2021

BETWEEN:
Dinesh Chandra Pandey & another ..........Petitioners
     (By Mr. S.S. Yadav, Advocate)

AND:
The District Magistrate,
Almora & others.                             ...Respondents

     (By Mr. T.S. Phartiyal, Addl. C.S.C. for the State of
     Uttarakhand)


                       JUDGMENT

According to the petitioners, water supply to their house has been disrupted due to interference made by respondent no. 4 with their pipeline.

2. By means of this writ petition, petitioners have sought following reliefs:-

" i) Issue a writ, order or direction in the nature of

to install the water pipeline of the petitioners as it was on 08.01.2021 to the petitioners' houses.

ii) Issue a writ, order or direction in the nature of

to pay the damage of Rs. 70,000/- to 80,000/- in favour of the petitioners for mental and physical agony and also cost of construction work, pipeline and plumber, labours' charge stone and cement and reta etc.

iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 1 to enquire the matter by competent authority and asked the respondent o. 1 to initiate the criminal/legal proceedings against the respondent No. 4 and also direction be issued to the respondent Nos. 2, 3 & 4 to maintain the status- quo of water supply as it was prior to disconnection dated 08.01.2021."

3. There appears to be a private dispute between petitioner and respondent no. 4, which cannot be resolved in writ proceedings under Article 226 of the Constitution.

4. In such view of the matter, there is no scope for interference in the matter. However, having regard to the fact that disruption in supply of potable water would have serious consequences to an individual, the writ petition is disposed of with liberty to petitioners to make representation to District Magistrate, Almora. If petitioners make such representation within 10 days from today, District Magistrate shall look into the matter and take appropriate decision, in accordance with law, as early as possible, preferably within four months from date of its submission.

5. It goes without saying that District Magistrate shall hear all the stakeholders, including respondent no. 4 while deciding the representation.

(MANOJ KUMAR TIWARI, J.) Navin