Extracted from the PDF above. The PDF is authoritative.
UKHC010107612026
2026:UHC:5735 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1906/2026 Ganpati Hotels Pvt Ltd --Petitioner Versus State of Uttarakhand and others --Respondents
Hon’ble Manoj Kumar Tiwari, J. Mr. Shivam Raturi, Advocate, Mr. Karan Chaudhary, Advocate and Ms. Ridhima Malhotra, Advocate for the petitioner. Mr. P.S. Bisht, Brief Holder for the State. Mr. Rahul Consul, Advocate for MDDA.
2. This writ petition has been filed by Ganpati Hotels Private Limited, which owns hotel Apsara in Mussoorie, District Dehradun. By means of this writ petition, petitioner has sought the following reliefs:
“1. Issue a writ in the nature of mandamus, or any other writ, directing the respondents and competent authorities to demolish/remove the unauthorized construction in accordance with law, within a time-bound period.
2. Issue a writ, order, or direction in the nature of certiorari, or any other writ, quashing and declaring illegal the ongoing unauthorized construction of gateway/arch at the entrance of the road leading to the temple.
3. Direct the police and civil authorities to provide necessary assistance for enforcing the order of this Hon'ble Court.
3. Mr. Rahul Consul, Advocate appearing for MDDA has drawn attention of this Court to para 5 of the writ petition where it is alleged that during
UKHC010107612026
2026:UHC:5735 the course of visit by Director of petitioner company, he found an unauthorised structure being raised on public land/road in the vicinity of the Hotel. Mr. Rahul Consul submits that there appears to be a private dispute between petitioner and his neighbours and petitioner is trying to give different colour to that dispute for filing writ petition. He submits that the only remedy available to petitioner is to file civil suit.
4. This Court finds substance in the contention raised by Mr. Rahul Consul.
5. In case of private dispute between two neighbours, the appropriate remedy is to approach Civil Court and writ jurisdiction cannot be invoked for resolving such dispute.
6. This Court do not find any scope for interference in the matter. The writ petition fails and is dismissed. However, petitioner shall be at liberty to approach the appropriate forum.
(Manoj Kumar Tiwari, J.) 13.07.2026 Mahinder/