Chandrakala vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner is a resident of Village Mundakheda, Khadanja Kutubpur, Tehsil Laksar, District Haridwar. According to her, the Gram Pradhan of the

concerned Village is not permitting the sanctioned drain to be constructed in front of petitioner’s house, for which budget has also been sanctioned,

due to which, there is every likelihood of spread of some epidemic during summers.

By means of this writ petition, petitioner has sought following relief:

“i. Issue a writ, order or direction in the nature of mandamus to direct the respondents regarding the construction of groove/drain from the house of

petitioner towards the house of Shishram in the village mundakheda-khadanja kutubur, Post and block Laksar, District, Haridwar, otherwise the

petitioner shall suffer irreparable loss and injury.â€​

Without expressing any opinion on the merits of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make

representation to concerned S.D.M., who shall take decision in the matter.

Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to concerned S.D.M., within two weeks from today. If

such representation is made within the stipulated period, the concerned S.D.M. shall look into the matter and take appropriate decision, in accordance

with law, within a period of four weeks from the date of receipt of representation alongwith certified copy of this order.

It goes without saying that, while taking decision, S.D.M. shall hear all the stakeholders in the matter.