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Judgment
17 paragraphs · 291 wordsManoj Kumar Tiwari, J
Petitioner filed WPPIL No. 125 of 2020 seeking mandamus to the respondents to connect Tok-Patori (Patoli) of Village â€" Pokhari to Chaubatiya-
Khairna Motor Marg. The said writ petition was disposed of with a direction to the Secretary, Public Works Department to take decision on
petitioner’s representation within four weeks.
According to the petitioner, although Secretary, Public Works Department has taken decision on petitioner’s representation, and in the order,
whereby his representation was decided, petitioner was assured that his village would be connected to Chaubatiya-Khairna Motor Marg, however,
when actual construction is taking place, petitioner’s village is not being connected to the said road.
A compliance affidavit has been filed by Mr. R.K. Sudhabshu, Principal Secretary, Public Works Department, Dehradun, wherein it is stated that
road in question is being constructed by Local M.L.A. from Legislative Fund and Public Works Department has no control over construction of the
road.
Mr. J.S. Bisht, learned Standing Counsel appearing for the opposite party submits that this is not a case of wilful disobedience of the order of this
Court, as the road, which petitioner wants to pass through his village, is not being constructed by Public Works Department and it is being constructed
by the fund provided by Local M.L.A.
Since the only direction was to take decision on petitioner’s representation and such decision has been taken, therefore, this Court is of the
opinion that no case for proceeding for contempt is made out against the opposite party.
In such view of the matter, contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at
liberty to approach appropriate forum for redressal of his grievance, if any.
