LAWS(UTN)-2010-6-9

NARESH KUMAR Vs. STATE OF UTTARAKHAND

Decided On June 08, 2010
NARESH KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of mandamus directing the respondent Nos. 1 to 3 to provide appropriate and adequate protection to the petitioner, in view of the continuous threats being extended by the Shopkeepers of Sabji Mandi (cloth market), Rudrapur as his life and liberty is in danger.

(2.) As per the petition, the petitioner is a social activist and he filed a Writ Petition (P.I.L.) before the High Court for taking action against the encroachers/shopkeepers and demolish the illegal encroachment made by the encroachers/ shopkeepers on the public path. On his petition, the High Court has taken cognizance and finally passed an order that illegal constructions should be demolished by the District Authority. In view of the directions issued by Hon'ble High Court, the shopkeepers/encroachers with the local people have put the life of the petitioner in danger and the petitioner is apprehending that at any time harmful activity against him can be caused by anyone. The local people and shopkeepers are also trying to falsely implicate to the petitioner in any false case. Hence the writ petition.

(3.) Heard Ms. Prabha Naithani, learned counsel for the petitioner, Sri Nandan Arya, learned A.G.A. for the State/respondent nos. 1 to 3 and perused the material available before us.