HEMA DEVI Vs. STATE OF UTTARAKHAND.

JUDGEMENT

(1.) Heard Sri B.D. Pande, learned counsel for the appellants-writ petitioners, and Sri Vikas Pandey learned Standing Counsel for the State Government, and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) The jurisdiction of this Court was invoked by the appellants-writ petitioners seeking (i) a writ of mandamus directing the respondents not to construct the Gagas-Urimahadev- Selapani road without adopting due process of land acquisition provided by law; and (ii) a writ of mandamus directing the first respondent to set up a fair inquiry regarding relevancy and utility of the Gagas-Urimahadev-Selapani road.

(3.) When we asked Sri B.D. Pande, learned counsel for the appellants- writ petitioners, as to how the appellants-writ petitioners can invoke the extra- ordinary jurisdiction of this Court seeking an inquiry regarding the relevancy and utility of a particular road, learned counsel would fairly state that the appellants-writ petitioners are not pressing for the second prayer; and that his claim be confined to the grant of Prayer No. 1 alone. Prayer No. 2 of the writ petition is, accordingly, dismissed as not pressed.