High CourtsSingle Bench

Mohd. Ahsan Abbasi vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 8 December 2021 · Citation: (2021) 12 UK CK 0085

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2586 Of 2021
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Judgment

7 paragraphs · 266 words

Manoj Kumar Tiwari, J

1.

According to the petitioner, Nagar Palika Parishad, Manglour has awarded contract for laying of coloured interlocking tiles in ward no. 2, however, one Irteja (respondent no. 5) has encroached upon the public land and he is not permitting the contractor to lay the interlocking tiles.

2.

Learned counsel appearing for the petitioner has drawn attention of this Court to a letter issued by Executive Officer of Nagar Palika Parishad to respondent no. 5, in which, Executive Officer has requested to respondent no. 5 to remove his encroachment from the public land.

3.

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

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 to 4 to complete the construction work of roads & drain by colored inter locking tiles in accordance to the resolution no. 11(25) (vi) passed in the board meeting dated 08-10-2021.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 to not to interfere in the construction work of roads & drain by colored inter locking tiles in accordance to resolution no. 11(25) (vi) passed in the board meeting dated 08-10-2021."

4.

The reliefs, as claimed in the writ petition cannot be granted. However, having regard to the fact that, Executive Officer has issued a notice to respondent no. 5 for removing his encroachment, the writ petition is disposed of with a direction to Executive Officer to invoke the powers available under Municipalities Act, for removing encroachment, if any, on public land.