KAMALJEET Vs. MUNICIPAL CORPORATION, SHIMLA

JUDGEMENT

(1.) By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

(2.) Learned Senior Counsel for the petitioners submitted that there exists a Gau Sadan and three Pashu Padavs at Boileauganj, over the land in possession of the Municipal Corporation, Shimla and for the purpose of the construction of the residences for the employees of the Municipal Corporation, the Corporation is demolishing the same and accordingly, a mandamus is being prayed that the Corporation be directed not to dismantle the Gau Sadan and Pashu Padavs and interfere with the activities being carried out by the petitioners.

(3.) On the other hand, learned counsel for the respondent-Corporation has apprised the Court that there are presently 8-10 cows in the Gau Sadan, which are being reallocated to Sunni, where there is ample space and place for the proper reallocation of these cows. He further submitted that as far as petitioners are concerned, they are strangers and have no locus to file and maintain this petition, because it is not as if the Gau Sadan or the three Pashu Padavs are being run by the petitioners on account of any lease having been executed between them and the Municipal Corporation. He submitted that they are strangers and their status is akin to encroachers and in fact their very locus to file and maintain the petition is questionable.