Manoj Singh vs Nagar Palika Parishad, Pithoragarh And Others

Manoj Kumar Tiwari, J

According to the petitioner, he was permitted by Nagar Palika Parishad, Pithoragarh to construct a toilet and a shop on the first floor of the toilet.

It is the case of the petitioner that pursuant to permission so given, petitioner constructed toilet and the shop, which however has been demolished,

due to road widening.

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

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to allot a shop to the petitioner forthwith against the

vacant shops.â€​

The relief as claimed cannot be granted in the writ petition under Article 226 of the Constitution of India.

Having regard to the facts and circumstance of the case, petitioner is permitted to approach the Executive Officer in the Nagar Palika Parishad,

Pithoragarh, by making a representation. If petitioner makes such a representation within two weeks, the Executive Officer concerned shall consider

the matter and take appropriate decision, as per law, within eight weeks thereafter.

With the aforesaid observation, writ petition stands disposed of.