2026:UHC:4458-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 3rd June, 2026 Special Appeal No. 207 of 2026 Roopinder Jeet Kaur ------Appellant Versus National Highway Authority of India and another ----Respondents Presence:- Mr. Siddharth Singh, learned counsel for the appellant Mr. Naresh Pant (through V.C.) and Mr. Raunak Pant, learned counsel for the respondents ---------------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present intra court appeal is directed against order dated 13.05.2026, passed by learned Single Judge, in Writ Petition (M/S) No. 1157 of 2026, which is to the following effect. “Mr. Siddhartha Singh, learned counsel for the Petitioner. 2. Mr. Naresh Pant, learned Counsel (through V.C.) with Mr. Raunak Pant, learned counsel for the respondents-NHAI. 4. The instructions were called on 04.05.2026. On the strength of instructions, it is stated by learned counsel for NHAI that the NHAI is ready to dig a temporary drain on the side of the National Highway to stop the water flow to the field of petitioner, and further to make a proper flow of rain water to the main Nala. The instructions are not satisfactory. The respondent- NHAI is directed to file counter affidavit within three weeks. 5. List this matter on 10.06.2026.” 2. Learned counsel for the appellant submits that while calling counter affidavit in the matter, the 1 2026:UHC:4458-DB Court should have considered the prayer of the appellant for grant of interim order. 3. Since the matter is listed on 10.06.2026 before learned Single Judge, therefore, we leave it open to the appellant to make such prayer before the learned Single Judge on the next date. No ground is made out to entertain the appeal. 4. The appeal is dismissed. 5. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 03.06.2026 Kaushal 2