Anantram Semwal vs State Of Uttarakhand Through Secretary, Department Of Urban Development, Dehradun And Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through Video Conferencing.

By means of this writ petition, petitioner has sought the following reliefs:-

“I. To issue any writ, order in the nature of certiorari by calling the record of impugned tender notice dated 14-12-2021, so far as it relates with Serial No.1 (Annexure No.3 to this writ petition).

II. To issue writ, order or direction in the nature of the mandamus directing the respondent no.5 to ensure to deliver the peaceful and physical possession of the land in question to the petitioner forthwith.

III. To issue any writ, order or direction in the nature of the mandamus directing the respondent no.5 not to interfere with the peaceful possession and enjoyment of rights of the petitioner of the property in question without adopting due course of law or acquisition of the property of the petitioner.”

According to the petitioner, Nagar Palika Parishad had proposed to construct high-tech toilets in Ghansali, District Tehri-Garhwal and accordingly, a tender-notice was issued on 14.12.2021 inviting bids from interested persons. He further submits that the high-tech toilets are proposed to be constructed near the land of the petitioner.

It is the contention of the learned counsel for the petitioner that without taking consent from the petitioner, Nagar Palika Parishaed could not have proposed to have high-tech toilets constructed.

From the pleadings made in the writ petition, it is apparent that petitioner is raising a civil dispute. At one place petitioner had contended that proposed toilet is being constructed over his ancestral land. However, the document enclosed as Annexure No.5 to the writ petition indicates otherwise.

Be that as it may. The dispute raised is purely civil in nature, therefore, this Court refrains from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India.

Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the competent Civil Court for redressal of his grievance, if any.