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Judgment
Manoj Kumar Tiwari, J
By means of this writ petition, petitioner has sought following relief:-
(i) Issue a Writ, Order or Direction in the nature of Mandamus directing the respondent No. 2, 3 and 4 to stop the illegal installation of Mobile Tower
by Respondent No. 5 at the roof of his residential house situated in a highly populated residential colony.
A short counter affidavit has been filed by respondent no. 3. In para 7 of the said counter affidavit, it has been stated that the tower in question has
not been installed and its installation has been stopped by respondent no. 2 - District Magistrate, Haridwar. The said averments, made in the counter
affidavit, have not be rebutted by any of the respondents by filing rejoinder affidavit.
In such view of the matter, this Court has no other option but to treat the averments made in para 7 of the counter affidavit correct.
In such view of the matter, the relief, as claimed in the writ petition, does not survive. Accordingly, writ petition is dismissed. No order as to costs.