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2021 Supreme(UK) 250
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Ravindra Kumar Sahni - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2409 of 2021
Decided On : 18-11-2021
T.A. Khan, Advocate, Ravi Shankar Kandpal, Advocate, J.S. Bisht, Advocate, Alok Kumar, Advocate, Sandeep Kothari, Advocate
The court does not entertain disputed questions of title and does not grant relief when the petitioner has already obtained an interim order from the Competent Court.
Headnote:
Urban Planning and Development Act 1973 - Unauthorized Construction - The court dismissed the writ petition seeking to stop unauthorized construction, citing that it does not go into disputed questions of title and that the petitioner had already approached the Competent Court with a civil suit and obtained an interim order.
Fact of the Case:
The petitioner sought a writ to stop ongoing unauthorized construction on their land, citing the UP Urban Planning and Development Act 1973.
Finding of the Court:
The court dismissed the writ petition, stating that it does not go into disputed questions of title and that the petitioner had already approached the Competent Court with a civil suit and obtained an interim order.
Issues: Unauthorized construction, exercise of powers under the UP Urban Planning and Development Act 1973.
Ratio Decidendi: The court does not go into disputed questions of title and does not grant relief when the petitioner has already obtained an interim order from the Competent Court.
Final Decision: The writ petition fails and is dismissed, with the petitioner being advised to approach the Competent Authority with a representation.
JUDGMENT
Manoj Kumar Tiwari, J. - By means of this writ petition, petitioner has sought the following reliefs:-
"1. To issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 5 to direct them to stop the onging construction work, which is being raised by the respondents no. 6 and 7, immediately, at Khasra no. 780 and 795-A Village Nagari Gaon P.O. Bhowali Tehsil and District Nainital, and they may be directed to exercise all the powers as mentioned u/s 28(2) and (3) of UP Urban Planning and Development Act 1973.
J. To issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 5 to exercise the powers as mentioned in section 28-A of UP Urban Planning and Development Act 1973 and seal the premises which have been illegally constructed by the respondents no. 6 and 7, over the land of the petitioner bearing khasra no. 780 and 795-A Village Nagari Gaon P.O. Bhowali Tehsil and Distrcit Nainital."
2. According to the petitioner, respondent nos. 6 and 7 are unauthorizedly raising construction over the land belonging to the petitioner.
3. Since petitioner has approached Competent Court by filing Civil Suit No. 70 of 2021 and an interim order has also been passed in his favour on 12.10.2021, therefore, this Court is not inclined to grant the relief as prayed for in the writ petition. Even otherwise also, this Court while exercising power under Article 226 of the Constitution of India does not go into disputed question of title.
4. Accordingly, writ petition fails and is dismissed.
5. However, if petitioner approaches the Competent Authority with a representation, the same shall be considered, in accordance with law.
6. Let a certified copy of this order be issued today itself.
