SATYA PRAKASH MITTAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants approached this Court by filing Writ Petition (M/S) No. 253 of 2010, wherein the primary prayer made by the appellants was for the issuance of a writ in the nature of mandamus, commanding the official respondents to shift Brooklyn School from 3/1 Curzon Road, Dehradun to some other place. The instant prayer was made on behalf of the appellants, in view of the fact that the appellants had purchased a different part of the same plot of land described as 3/2, Curzon Road and 3/3, Curzon Road, Dehradun. The residential accommodation created by the appellants was being disturbed with the activities of the school.

(2.) It is also necessary to notice, that prior to approaching this Court, the appellants had filed Writ Petition (Civil) No. 11234 of 2005 and Writ Petition (Civil) No. 11235 of 2005 in the High Court of Delhi, praying for the withdrawal of affiliation granted to Brooklyn School, Dehradun, Uttaranchal. The aforesaid writ petitions were, however, withdrawn on 22.08.2006 by the appellants by seeking liberty to file a fresh case in a Civil Court for the same relief. During the course of hearing today, learned counsel for the appellants confirms, that no such case was filed by the appellants after withdrawing the aforementioned writ petitions from the High Court of Delhi.

(3.) The primary grievance of the appellants, is that the common entrance, leading to the property purchased by them, i.e. 3/2, Curzon Road and 3/3, Curzon Road, Dehradun is being obstructed by the activities of the Brooklyn School housed in 3/1, Curzon Road, Dehradun. The learned Single Judge, having examined the claim raised by the appellants, declined to interfere by recording, that the issues canvassed at the hands of the appellants, raised disputed questions of fact. It was also concluded, that the controversy raised by the appellants was in the nature of a civil dispute, and as such, the appellants, if they were so advised, were granted liberty to file a civil suit before a Court of competent jurisdiction.