2025:UHC:11580-DB HI GH COURT OF UTTARAKHAND AT NAI NI TAL W r it Pet it ion ( CRL.) No.1 7 0 6 of 2 0 2 5 2 4 Decem ber , 2 0 2 5 Aditya Vardhan Thapa and Another ---Petitioners Ver su s State of Uttarakhand and Others --Respondents -------------------------------------------------------------- Pr esen ce:- Ms. Manju Chauhan, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the petitioner. Mr. J.S. Virk, learned Deputy Advocate General along with Mr. Rakesh Joshi, learned Brief Holder for the State of Uttarakhand. -------------------------------------------------------------- Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay, J. ( Per : Hon ’ble Man oj Ku m ar Tiw ar i, J.) JUDGMENT Writ petitioners are running an Educational Institution in the name and style “St. George Academy”, Garhi Cantt., Dehradun. According to them, respondent nos.5, 6 and 7, who are cousins of petitioner no.1, are interfering in the work of renovation of school building. In paragraph no.7 of the writ petition, it is mentioned that respondent nos.5 to 7 reside within the school premises. 2. By means of this petition, petitioners have sought the following reliefs: “1. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to provide immediate, continuous and adequate police protection at the premises of St. George's Academy School so as to ensure the safety and security of the petitioners, students, teaching and non-teaching staff, management and visitors, and to maintain peace, discipline and public order within the educational campus. 1 2025:UHC:11580-DB 2. Issue a writ, order or direction commanding the respondent authorities to prevent any obstruction, disturbance, intimidation, coercion, threat or unlawful interference by Respondent Nos. 5 to 7, or by any person acting on their behalf, in the day-to-day functioning of the school, including academic activities, classroom teaching, examinations, morning assemblies, playground activities, sports and physical education, cultural and co-curricular programmes, staff duties and administrative operations. 3. Issue a writ, order or direction commanding the respondent authorities to ensure and facilitate that all lawful reconstruction, development, renovation and maintenance works undertaken by the Petitioners- including boundary wall reconstruction, compliance with PWD directions, whitewashing, painting, structural repairs, playground maintenance and levelling, safety measures, and installation, repair or upkeep of school infrastructure-are carried out peacefully, safely and without interruption, and without any interference, intimidation or unlawful act on the part of Respondent Nos. 5 to 7 or any person acting at their behest. 4. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case 5. Award cost of the petition.” 3. Learned State Counsel is right in submitting that the reliefs sought by petitioners in this writ petition can only be granted by a Civil Court as the petitioners have sought an order in the nature of injunction. Law is well settled that property rights or civil dispute cannot be settled in a public law remedy under Article 226 of the Constitution of India. We, therefore, decline to interfere in the matter. 4. The writ petition is, accordingly, disposed of with liberty to the petitioners to approach a competent civil court. ( Su bh ash Upadh yay, J.) ( Man oj Ku m ar Tiw ar i, J.) 24.12.2025 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380 d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42 261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.12.24 17:34:43 +05'30'