[Cites 1, Cited by 0]
Uttarakhand High Court
24 December vs State Of Uttarakhand And Others on 24 December, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:11580-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (CRL.) No.1706 of 2025
24 December, 2025
Aditya Vardhan Thapa and Another ---Petitioners
Versus
State of Uttarakhand and Others --Respondents
--------------------------------------------------------------
Presence:-
Ms. Manju Chauhan, learned counsel holding brief of Ms. Prabha Naithani,
learned counsel for the petitioner.
Mr. J.S. Virk, learned Deputy Advocate General along with Mr. Rakesh Joshi,
learned Brief Holder for the State of Uttarakhand.
--------------------------------------------------------------
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.
(Per: Hon'ble Manoj Kumar Tiwari, J.)
JUDGMENT
Writ petitioners are running an Educational
Institution in the name and style "St. George
Academy", Garhi Cantt., Dehradun. According to them,
respondent nos.5, 6 and 7, who are cousins of
petitioner no.1, are interfering in the work of
renovation of school building. In paragraph no.7 of the
writ petition, it is mentioned that respondent nos.5 to 7
reside within the school premises.
2. By means of this petition, petitioners have
sought the following reliefs:
"1. Issue a writ, order or direction in the nature of
Mandamus commanding the respondent authorities to
provide immediate, continuous and adequate police
protection at the premises of St. George's Academy
School so as to ensure the safety and security of the
petitioners, students, teaching and non-teaching staff,
management and visitors, and to maintain peace,
discipline and public order within the educational campus.
2025:UHC:11580-DB
2. Issue a writ, order or direction commanding the
respondent authorities to prevent any obstruction,
disturbance, intimidation, coercion, threat or unlawful
interference by Respondent Nos. 5 to 7, or by any person
acting on their behalf, in the day-to-day functioning of the
school, including academic activities, classroom teaching,
examinations, morning assemblies, playground activities,
sports and physical education, cultural and co-curricular
programmes, staff duties and administrative operations.
3. Issue a writ, order or direction commanding the
respondent authorities to ensure and facilitate that all
lawful reconstruction, development, renovation and
maintenance works undertaken by the Petitioners-
including boundary wall reconstruction, compliance with
PWD directions, whitewashing, painting, structural
repairs, playground maintenance and levelling, safety
measures, and installation, repair or upkeep of school
infrastructure-are carried out peacefully, safely and
without interruption, and without any interference,
intimidation or unlawful act on the part of Respondent
Nos. 5 to 7 or any person acting at their behest.
4. Issue any other order or direction which this Hon'ble
Court may deem fit and proper in the circumstances of
the case
5. Award cost of the petition."
3. Learned State Counsel is right in submitting
that the reliefs sought by petitioners in this writ petition
can only be granted by a Civil Court as the petitioners
have sought an order in the nature of injunction. Law is
well settled that property rights or civil dispute cannot
be settled in a public law remedy under Article 226 of
the Constitution of India. We, therefore, decline to
interfere in the matter.
4. The writ petition is, accordingly, disposed of
with liberty to the petitioners to approach a competent
civil court.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
24.12.2025
SS
SUKHBANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380
SINGH
d49b1885e628615, postalCode=263001, st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42
261361AED33172F152148D, cn=SUKHBANT SINGH
Date: 2025.12.24 17:34:43 +05'30'
