LAWS(UTN)-2019-5-50

SUNIL KUMAR AND OTHERS Vs. MEHARBAN AND OTHERS

Decided On May 10, 2019
Sunil Kumar And Others Appellant
V/S
Meharban And Others Respondents

JUDGEMENT

(1.) The delay of 12 days, in preferring the appeal, is not opposed by Mr. B.S. Parihar, learned Standing Counsel for the State Government and Mr. Bhupesh Kandpal, learned counsel appearing on behalf of the respondent-writ petitioner; and the delay is, therefore, condoned.

(2.) This appeal is preferred by respondents 4 to 9 in Writ Petition (M/S) No. 786 of 2019 dated 25.03.2019. The first respondent herein filed the said Writ Petition seeking a writ of mandamus commanding the respondent-authorities to complete construction of the Computer Science Corporation Centre at Gram Khataka, Tehsil Roorkee, District Haridwar in accordance with law; and restrain the private respondents from interfering in the working of the Government for raising construction of Computer Science Corporation Centre.

(3.) In the order under appeal, the learned Single Judge has noted the submission urged on behalf of the first respondent-writ petitioner that, because of interference by a local MLA and the private respondents, construction of a Computer Science Centre at Gram Khataka was affected; no action was being taken by the District Magistrate and the Sub-Divisional Magistrate despite a request being made by the Gram Sabha, by its letter dated 07.03.2019, to provide police protection for peaceful construction of the Computer Science Centre; based on the said letter police protection was provided from 12.03.2019 to 13.03.2019; and because of the hindrance of the MLA, and the other private respondents, construction was again stopped.