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Uttarakhand High Court

Mahendra Singh And Others vs Union Of India Ministry Of Road And ... on 18 April, 2016

Author: U.C. Dhyani

Bench: U.C. Dhyani

WPMS No. 934 of 2016
Hon'ble U.C. Dhyani, J.

Mr. Deep Prakash Bhatt, Advocate for the petitioners.

Mr. Syed Nadim, Standing Counsel for the State/respondent nos. 2, 4 & 5.

Mr. D. Barthwal, Advocate for respondent no. 1.

By means of present writ petition, the petitioners seek following reliefs, among other:

"i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to correct the alignment of National Highway Number 125 Sitarganj- Tanakpur (New Number-9-Malot Pithoragarh), as per the initial alignment declared by the authority after survey at the village of Jhankat, Khatima, District Udham Singh Nagar.
ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to stop the work of construction with immediate effect on the spot upto final disposal of this writ petition."

After arguing the writ petition at some length, learned counsel for the petitioners confined his prayer only to the extent that his representation may kindly be directed to be decided by the newly impleaded respondent no. 6-National Highway Authority of India by a reasoned and speaking order, in accordance with law, to which learned counsel for the respondents has no objection.

Writ petition is disposed of by making a request to respondent no. 6 to decide the representation of the petitioner within four weeks of presentation of certified copy of this order along with representation of the petitioner.

All other pending applications also stand disposed of.

(U.C. Dhyani, J.) 18.4.2016 Pooja