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2025 DAILYLAW 14385 (UTT)

VEENA BHATIA v. DISTRICT MAGISTRATE CHAMOLI

WPMS/3338/2025 · 2025-12-09

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10931 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 3338/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Hirdiyangam Shah, Advocate, for the petitioners. Mr. N.K. Papnai, Standing Counsel, for the State. Mr. B.S. Negi, Advocate, for the respondent no. 2. (2) Petitioners are residents of Gopeshwar, District Chamoli. According to them, respondent no. 4 and 5 have encroached upon a public drain by constructing a tin shed. By means of this writ petition, petitioners have sought a writ of mandamus directing the District Magistrate to demolish the illegal construction raised by respondent no. 4 and 5. (3) Learned State Counsel is right in submitting that private dispute cannot be agitated in public law remedy under Article 226 of the Constitution. In such view of the matter, writ petition is dismissed. However, petitioners shall be at liberty to approach competent civil court for appropriate relief. (Manoj Kumar Tiwari, J.) 9.12.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 10:10:27 +05'30' 2025:UHC:10931