WPPIL/10/2023
2023 Latest Caselaw 1498 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

               WRIT PETITION (PIL) NO. 10 OF 2023

                             25TH MAY, 2023

Between:

Ved Prakash Chauhan                   ......                  Petitioner

and

State of Uttarakhand & others         ......                Respondents

Counsel for the petitioner       :   Mr. D.P. Mittal, learned counsel

Counsel for the respondents      :   Mr. S.S. Chauhan, learned Deputy
                                     Advocate General for the State /
                                     respondent Nos. 1, 2 and 4

                                 :   Mr. D.S. Patni, learned Senior
                                     Counsel assisted by Mr. Bhupendra
                                     Singh Bisht, learned counsel for
                                     respondent No. 3


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The petitioner, who is a practicing Advocate,

has preferred this petition, to seek a direction to the

respondents to vacate the temple premises, which are

allegedly encroached by the respondents for construction

of a water tank.


2)           The petitioner has himself placed on record

the resolution passed by the Gram Panchayat Angadpur,

Jaspur, District Udham Singh Nagar, for construction of
                                 2




the overhead water reservoir for general public in the

village. The photographs placed on record show that the

construction of the reservoir was in an advance stage

when the petition was preferred.


3)          Firstly, the petitioner has taken his own sweet

time   to    approach    this       Court.     Even   otherwise,

considering the fact that public land is being utilized for

public purpose, and for public good, we are not inclined

to interfere in this matter.


4)          The writ petition is, accordingly, dismissed.


5)          Stay Application (IA No. 01 of 2023) also

stands disposed of.



                                             ________________
                                             VIPIN SANGHI, C.J.



                                        _________________
                                        RAKESH THAPLIYAL, J.

Dt: 25th MAY, 2023 Negi