DEVENDRA KUMAR SHARMA Vs. NAGAR NIGAM KASHIPUR

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari setting aside the order dated 22.05.2015 (Annexure 3) to the extent it relates to removal of petitioner's alleged encroachment. A writ in the nature of mandamus has also been sought to direct the parties to maintain status quo in the matter.

(2.) The order under challenge has been brought on record by the petitioner as Annexure 3 to the writ petition. There are two parts of the impugned order. The first one relates to supply of some information to respondent no. 4. There is no illegality in the impugned order so far as the first part of it is concerned. The petitioner has not challenged it either. The petitioner is aggrieved with the second part of the order which directs that those who have raised unauthorized constructions and have put in Air conditioner / cooler, should be removed as per rules under intimation to the appellant Dayadhar Joshi (respondent no. 4 herein).

(3.) In any case, the second part of the impugned order has to go. It cannot sustain in the eyes of law. It is on account of this reason that the Court is not inclined to issue notice to respondent no. 4, for, no such direction can be given by departmental appellate authority under the Right to Information Act, 2005.