ORDER :

The instant petition has been filed for grant of the following substantive relief:

“the respondents authorities may very kindly be directed to provide ambulance road facility under the provisions of Article 21 of the Constitution of India, to the petitioner who is a disabled person, along with other villagers, as the land to the extent of 15-20 meters is owned and possessed by the State of Himachal Pradesh under the Himachal Pradesh Ceiling of Land Holdings Act, 1972, in the interest of justice and fair play.”

2. It is averred that the petitioner is a locomotor impaired person having disability to the extent of 80%. He has worked as Teacher and superannuated in the year 2020. The petitioner resides at village Jakhdhar, Tehsil Dadasiba and his house is situated at a distance of 15-20 meters from the main road. It is quite difficult for the petitioner and villagers to have access to health care facilities, more particularly, when the petitioner is physically disabled. The stretch from the main road to the house of the petitioner is a ‘Kachha’ path and unmetalled one, which is existing over Khasra No.1750, belonging to the State Government. Therefore, it is very convenient to the State Government to construct a road over this path and for this purpose, the petitioner had already approached the Deputy Commissioner, Kangra, S.D.M. Dehra and Tehsildar Dadasiba, District Kangra and other agencies, but of no avail. Hence, this petition.

3. The respondents filed their reply, wherein preliminary objections including very maintainability of the petition have been raised on the ground that no fundamental or legal right of the petitioner has been violated so as to afford him cause of action to maintain this petition. It is alleged that there is no public interest involved in the instant petition and the same has been filed by the petitioner only with an intention to grab the land owned and possessed by the State Government for his individual interest. It is further alleged that the petitioner has not approached this Court with clean hands and concealed material facts from it. It is averred that the house of the petitioner is ancestral and was constructed by keeping in mind all the conditions on the spot. The petitioner already has one common path, which leads to his house and the same path is being used by all the residents of the vicinity and others, but the petitioner is adamant to get road from the main road to his house from the government land so that his personal vehicle No. HP39E-2334 could reach to his house. It is also averred that there is a common path leading to the house of the petitioner from main road and the petitioner is having option to increase the width of the said path, which is existing over his own land. Further, there is no representation from the local inhabitants and residents to the local administration for providing ambulance road facility. It is averred that if any road facility, as claimed by the petitioner, is provided on the land in question, then the petitioner would create hurdle to other inhabitants/residents for the free ingress and outgress from his adjoining land and the alleged benefit of road would only be limited to the petitioner alone. It is lastly averred that the land in question is situated at a prime location adjoining to the main road and can be utilized by the government for the benefit of the society at large.

4. On merits, averments made in the preliminary objections have been reiterated and elaborated.

5. The petitioner neither sought permission nor filed rejoinder to controvert all the aforesaid averments.

6. We have heard the learned counsel for the parties and have also gone through the material placed on record.

7. It is more than settled that the primary purpose of a writ of mandamus, is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex debito justiceiae). The grant or refusal of the writ is at the di