ORDER

1. Leave granted.

2. The subject-matter of challenge in this petition is an interim order dated 9-6-2004 passed by the High Court of Uttaranchal permitting the respondent hotel and Jaswant Educational Trust to construct a duct (nallah) of uniform diameter of 8 ft together with manholes for cleaning of the nallah and removal of garbage every 20 ft. The impugned order also directed the nallah to be completed within a period of three months. The construction was directed to be supervised by the officers of the Nagar Nigam.

3. The appellants are residents of Brij Lok Colony. They had intervened in the writ petition filed by the respondent hotel challenging the order of demolition of the hotel construction on the nallah. Their grievance is that by reason of the construction of the hotels nallah their colony is being flooded. Their further grievance is that by the impugned order the full and final relief claimed in the writ petition has in fact been allowed.

4. It appears to us that the High Court has not in fact disposed of the writ petition by the impugned order but has merely permitted a measure to be carried out by the respondent hotel keeping in view the balance of convenience and the relative merits for the time being. After the construction of the nallah as directed by the High Court by the impugned order, if the colony of the appellants is flooded by reason of such construction, it will be a open to the appellants to draw the same to the attention of the High Court in the pending writ petition for appropriate directions.

5. The appeals are accordingly disposed of with the aforesaid observations.