WPMS/54/2020
2022 Latest Caselaw 76 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 07TH DAY OF JANUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 54 of 2020
BETWEEN:
Manoj Singh                                                  ...Petitioner
      (By Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Shubhang
      Dobhal, Advocate)

AND:

Nagar Palika Parishad,
Pithoragarh and others                                   ...Respondents
      (By Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State)


                            JUDGMENT

According to the petitioner, he was permitted by Nagar Palika Parishad, Pithoragarh to construct a toilet and a shop on the first floor of the toilet.

2. It is the case of the petitioner that pursuant to permission so given, petitioner constructed toilet and the shop, which however has been demolished, due to road widening.

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

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to allot a shop to the petitioner forthwith against the vacant shops."

4. The relief as claimed cannot be granted in the writ petition under Article 226 of the Constitution of India.

5. Having regard to the facts and circumstance of the case, petitioner is permitted to approach the Executive Officer in the Nagar Palika Parishad, Pithoragarh, by making a representation. If petitioner makes such a representation within two weeks, the Executive Officer concerned shall consider the matter and take appropriate decision, as per law, within eight weeks thereafter.

6. With the aforesaid observation, writ petition stands disposed of.

(MANOJ KUMAR TIWARI, J.) Shubham