NAINITAL, India, March 23 -- Uttarakhand High Court issued the following judgment/order on Feb. 20:
1. By means of present writ petition, petitioner has sought the following reliefs:-
"(A) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents authorities to conduct proper demarcation of the petitioner's land comprised in Khata No.00455, Khasra No.417M situated at Village Shantarsah, Teshil Roorkee, District Haridwar. (C) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to restrain respondent no.6 and its persons from raising any further construction or creating third party rights over the petitioner's land till completion of demarcation. (c) Issue a writ, order or direction in the nature of mandamus commanding the police authorities to provide necessary protection and maintain law and order at the disputed site."
2. From bare perusal of the prayer(s) made by the petitioner in the writ petition, it transpires that such relief(s) can only be granted in a suit filed for protection of his rights before the Civil Court.
3. In view of the above, no interference is warranted in the writ petition. Accordingly, the same is dismissed in limine. However, it is open to the petitioner to avail the appropriate remedy available to him under private law.
4. Pending application, if any, stands disposed of accordingly.
Disclaimer: Curated by HT Syndication.
