IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 85 of 2010 Anwar Jamal Kazmi ……… Petitioners Versus State of Uttarakhand & others ………. Respondents Mr. T.A. Khan, Advocate for the petitioner Mr. Vinay Kumar, Standing Counsel for State/respondent Nos. 1 to 3 Mr. Dharmendra Barthwal, Advocate holding brief of Mrs. Mamta Joshi, Advocate for respondent No. 4 Date of Judgment: 22.11.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Nirmal Yadav, J. BARIN GHOSH, C.J. (ORAL) A work has been awarded to U.P. Projects Corporation Ltd. for construction of R.C.C. overhead tank, for sinking of a tube well and for laying pipelines, etc. for the purpose of distribution of water at Dargah Sharif, Peeran-E-Kalyar situated in Roorkee, District Haridwar along with the work of beautification thereof and construction of parking space, etc. The funds therefor are to be arranged by the Dargah itself. By the order impugned, as held out therein, the Minister in the Department of Social Affairs, Government of Uttarakhand, has directed stoppage of the said work without assigning any reason. On the basis thereof, the work has been stopped. In the order issued by the Collector, Haridwar on the basis of such direction of the said Minister, it has been held out that the amount spent from the Dargah fund, in connection with the work in question, is being demanded back by the Waqf Board. 2. The said order, as appears to us, is not sustainable as the same is without any reason. We accordingly, set aside the said order dated 23th October, 2010. The work in question shall continue ignoring the order dated 23rd October, 2010, but in accordance with law. 3. The writ petition is accordingly disposed of. This order will not prevent the appropriate authority to take appropriate steps or action, if it is deemed necessary, but in accordance with law. (Nirmal Yadav, J.) (Barin Ghosh, C.J.) 22.11.2010 22.11.2010 Aswal