Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDER
2026:UHC:4716
WPCRL No. 1107 of 2026 Hon’ble Alok Mahra, J.
Mr. Jitendra Chaudhary, learned counsel for the petitioner.
2. Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand.
3. By means of the present Criminal Writ Petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: (i) A writ, order or direction in the nature of Mandamus directing respondent nos. 4 and 5, namely, the Senior Superintendent of Police, Udham Singh Nagar and the Station House Officer, Police Station Khatima, to provide adequate security and protection to the petitioner from the alleged illegal and unlawful acts of respondent no. 6, who is stated to have obstructed the construction and channelization work being carried out by the petitioner pursuant to Contract No. 11/SE/2023-24 dated 17.03.2023 relating to the construction of a flood protection wall in Banbhudhia Nala, Village Devkala, Khatima under NABARD (CM Announcement No. 108/2025).
(ii) A writ, order or direction in the nature of Mandamus directing the police authorities to provide protection to the petitioner for completion of the remaining contractual work and further directing them to recover and restore the petitioner's JCB machine, generator set and other machinery allegedly retained by respondent no. 6.
4.
Learned counsel for the petitioner submits that the petitioner is a contractor and was awarded the aforesaid contract for construction of a flood protection wall as well as channelization of Banbhudhia Nala. It is submitted that during the execution of the work, a dispute arose between the petitioner and respondent no. 6 regarding certain payment
dues allegedly payable in respect of construction work carried out in front of the land of respondent no. 6.
5. It is further submitted that respondent no. 6 has illegally detained the petitioner's JCB machine, generator set and other equipment at the work site and is not permitting the petitioner to remove the same. According to the petitioner, respondent no. 6 is also creating obstruction in the execution of the remaining channelization work. Therefore, the petitioner seeks police protection for completion of the work in question.
6. Having heard learned counsel for the petitioner and considering the material brought on record, this Court finds that the channelization work of the drain is a matter of public importance, particularly in view of the approaching monsoon season. Timely completion of such work would facilitate proper drainage of flood water and serve the larger public interest.
7. Without expressing any opinion on the merits of the inter se dispute between the petitioner and respondent no. 6, this Court deems it appropriate to direct respondent no. 4, the Senior Superintendent of Police, Udham Singh Nagar, to provide adequate police assistance to ensure that the remaining channelization work is carried out peacefully and without any unlawful obstruction.
8. With the aforesaid observations and directions, the present Criminal Writ Petition stands disposed of.
9. Pending applications, if any, shall also stand disposed of.
(Alok Mahra, J.)
12.06.2026 Shiksha