IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1531 of 2009 (M/S) Smt. Urmila Devi W/o Sri Hari Chandra R/o 186/1 Village Tekhand, New Delhi. ……Petitioner. Versus State of Uttarakhand through Director General of Police, Dehradun, Uttarakhand an others. …..Respondents. Ms. Prabha Noliyal, Advocate, for the petitioner. Sri K.P. Upadhyay, Addl. C.S.C. for the State. Date:- 13-11-2009 Hon’ble B.S. Verma J. Heard Ms. Prabha Noliyal, learned counsel for the petitioner and Sri K.P. Upadhyay, learned Addl. C.S.C. for the State. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondent Nos. 2 to 4 not to interfere in the peaceful possession of petitioner’s land bearing Khasra No. 173 Kha/0.0050 hq. khasra No. 177 ga/0.0020 hq. khasra No. 178 Kha/0.036 hq. Khasra No. 255 ga/0.0050 hq. total rakba 0.0480 hq. total 480 sq. meter situated at Haripurakala, Haridwar Road, Tehsil Rishikesh, District Dehradun and he has further sought a writ, in the nature of mandamus commanding the respondent No. 2 to decide the representation of the petitioner dated 14-07-2009. The petitioner herself filed the photocopy of the order passed on the application 6C2 (Annexure No. 1 to the writ petition) by the Civil Judge, (Senior Division), Dehradun in Suit No.375 of 2007, Suraj Bhan Sharma and others Vs. Sugreev Singh and others. According to the petitioner, the petitioner is a plaintiff in that suit. The plot numbers mentioned in the relief No. 1 and in the interim application, are similar. 2 During the pendency of the suit, the petitioner has also filed the application before the respondent No.2 i.e. Senior Superintendent of Police, Dehradun. There upon an enquiry was conducted by the Up-Zila Adhikari through the Tehsildar. I have perused the said enquiry report. It transpired from the said enquiry report that the Up-zila Adhikari has also directed the petitioner to pursue his matter before the Civil Court for redressal of his grievance. Since, the petitioner along with other co-owners of the land had also filed the civil suit, which is still pending and there is also an interim order in their favour, the writ petition is not maintainable. Therefore, the writ petition is devoid of merit and is hereby dismissed accordingly. However it is made clear that if there is any disobedience of the order passed by the respondent, the petitioner may file the application under Order 39 Rule 2-A of C.P.C. before the Civil Judge, (Senior Division), Dehradun. (B.S. Verma, J.) 13.11.2009 MK