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2025 DAILYLAW 1776 (UTT)

SMT. BHAJAN SHARMA v. SECRETARY MDDA SECTOR-1 DEHRADUN

WPMS/212/2021 · 2025-06-06

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2022:UHC:14739 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/212/2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Raman Sharma, Advocate for the petitioner. Mr. Dushyant Mainali, Advocate for the respondents. 2. By means of this writ petition, petitioner has sought the following reliefs: “i. That this Hon’ble Court may graciously be pleased to allow the petition in the form Writ of Mandamus against the respondents 1 to 5. ii. That further issue the directions for getting the illegal & unauthorised construction removed done by respondent No. 6. v. Issue a writ order or direction, commanding and directing the respondents to compensate the deponent as she can repair the rooftop/lentil, corners and walls of her damaged premises of the house.” 3. Mr. Dushyant Mainali, Advocate appearing for the respondents submits that writ petition is misconceived and ill-advised, as the reliefs sought therein can only be granted by Civil Court. 4. This Court finds substance in the said submission. 5. A private dispute between two individuals cannot be decided in a writ petition. As per pleadings made in the writ petition, petitioner is neighbour of respondent No. 6, who has raised construction which, according to petitioner, is illegal. 6. The writ petition, accordingly, fails and is dismissed. 7. Petitioner shall be at liberty to approach the Competent Authority. (Manoj Kumar Tiwari, J.) 06.06.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2 B8F, cn=MAHINDER SINGH Date: 2025.06.07 16:07:03 +05'30' 2022:UHC:14739