2025:UHC:11003 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 1 9 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Ahrar Baig, Advocate for the petitioner. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. Ashish Joshi, Advocate, for the respondent no. 3. (2) By means of this writ petition, petitioner has sought the following reliefs: ” (i) issue a writ, order or direction in nature of certiorari to quash the Impugned notice dated 30.01.2024 issued by the Respondent No. 3/ Nagar Nigam, Haldwani-Kathgodam District Nainital (contained in Annexure No. 7); . (ii) issue a writ, order or direction in nature of Mandamus directing the respondents not to resort to forcible possession over the property in question or demolish the property in question.” (3) The notice dated 30.1.2024, impugned in this writ petition, is on record as Annexure-7. Perusal thereof reveals that petitioner has been asked to remove his possession from nazul land, failing which the construction raised by the petitioner over the public land shall be forcibly removed. Learned Senior Counsel for the petitioner contends that district administration has removed the construction existing over the nazul land. (4) After removal of possession, the relief as claimed in the writ petition do not survive. (5) Learned Senior Counsel for the petitioner submits that now petitioner has moved an application seeking amendment in the writ petition. (6) By amendment application, following new relief has been sought to be added: “Issue a writ, order or direction in the nature of mandamus directing the respondent 2025:UHC:11003 Nagar Nigam to restore the possession of petitioner on the land in dispute.” (7) This Court finds substance in the submission made by learned State Counsel that petitioner cannot bring in new cause of action through amendment. A relief which was not sought by him earlier cannot be sought by amendment and it will only complicate the issues. (8) Accordingly, writ petition is disposed of as infructuous with liberty to petitioner to seek remedy before appropriate forum. ( Man oj Ku m ar Tiw ar i, J.) 1 0 .1 2 .2 0 2 5 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3a eab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 19:02:49 +05'30' 2025:UHC:11003