2026:UHC:3816 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 1 3 9 2 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. T.A. Khan, Senior Advocate, for the petitioners. Mr. Yogesh Pandey, Deputy AG, for the State. Mr. Ashish Joshi, Advocate, for the Nagar Nigam. (2) By means of this writ petition, petitioners have sought the following reliefs: “I. To issue a writ, order or direction in the nature of “Mandamus” directing the respondents not to evict the petitioners by force, without due process of law and without filing any suit, from the premises bearing Municipal Shop No. 495, situated at Line No. 1, Azad Nagar (Old Sabzi Mandi, Mangal Parao), Haldwani, District Nainital, which is bounded and butted as under: - East- Road of Line No. 1. West- Land of Municipality (House of Mr. Mustakeem) North- House of Mehboob Ahmad S/ o Abdul Qayyum. South- Lane, thereafter house of late Shri Mohd. Tayyab. II. To issue a writ, order or direction in the nature of “Mandamus” directing the respondents to permit the petitioner to raise the construction in the premises bearing Shop No. 495, situated at Line No. 1, Azad Nagar (Old Sabzi Mandi, Mangal Parao), Haldwani, District Nainital, at the cost of the petitioners. III. To issue a writ, order or direction in the nature of “Mandamus” directing the respondents not to demolish the premises bearing Shop No. 495, situated at Line No. 1, Azad Nagar (Old Sabzi Mandi, Mangal Parao), Haldwani, District Nainital.” (3) Learned State Counsel as well as learned Counsel appearing for the Nagar 2026:UHC:3816 Nigam subm it that the relief sought by the petitioners can only be granted by a Civil Court. They submit that earlier also, a civil suit was filed by someone, who claim ed to be tenant in respect of the property in question, which was decreed in his favour. They submit that if petitioners claim to have stepped into the shoes of that person, they can also approach the competent Court of law. (4) This Court finds substance in the submission made by learned Counsel for the opposite parties. Relief sought by the petitioners is in the nature of injunction, which can only be granted by a Civil Court, after exam ining the entire evidence on record. This Court while exercising powers under Article 226 of the Constitution is not inclined to entertain the disputed question of fact. Writ petition is, accordingly, dism issed with liberty to petitioners to approach a competent Court of law. ( Man oj Ku m ar Tiw ar i, J.) 1 8 .5 .2 0 2 6 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.18 17:17:08 +05'30' 2026:UHC:3816