IN THE HIGH COURT OF UTTARKAHAND AT NAINITAL Writ Petition No. 783 of 2008 (M/S) Mulki S/O Nathu, R/O Village Malawera, Paragana Godhanpur, Tehsil Laksar, District Haridwar. …… Petitioner. Versus Sub Divisional Magistrate, Roorkee, District Haridwar and seven others. …. Respondents. Sri Naveent Kaushik, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State- respondents. Date May 08, 2008. Hon’ble B.S. Verma, J. Heard Sri Navneet Kaushik, learned counsel for the petitioner at length and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents and perused the record. This writ petition has been filed for the following reliefs:- (i) To issue a writ order or direction in the nature of certiorari quashing the impugned administrative order dated 24-4- 2008 passed by respondent no.1 on an application of respondent no. 2 to 7. (ii) To issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. (iii) To award cost of the petition in favour of the petitioner. By the impugned order, the S.D.M. on the application of private respondents and some other persons had directed the Station Officer Khanpur to take action against those persons who are obstructing/objecting the construction if it is being made by government on the public way. According to the petitioner, respondent nos. 2 to 7 are extremely cunning persons with criminal bent of mind and they were trying to raise illegal construction on a Government pathway by constructing a Pulia which contained hyum pipes whereas the government department, i.e. P.W.D. had already constructed two Pulia with hyum pipes in village Marawela on the public pathway and there was no provision of construction of any other Pulia by the P.W.D. Ultimately, the petitioner along with other affected persons filed a suit in the Court of Civil Judge (Junior Division) Laksar bearing Civil Suit No. 127 of 2006. Along with the suit, application for temporary injunction was also moved and the same is pending for disposal. In the civil suit, respondent nos. 2 to 7 are the same persons who have been arrayed as defendants by the plaintiff-petitioner before the court of Civil Judge (Junior Division) Laksar. From a perusal of record, it is obvious that one Mage Ram S/O Nathu moved an application before the Up Zila Adhikari/S.D.M. Laksar for restraining the respondents Dalmeera, Babu Ram, Atar Singh, Anil and Rakesh, i.e. respondent nos. 2, 3, 5, 6 and 7 from illegal construction on public pathway. On that application, the S.D.M. passed an order dated 28-3-2008 directing the S.O.Khanpur to stop the encroachment on public way as Civil Suit is pending in the civil court. Thereafter, from the respondents side an application was moved before S.D.M. Laksar to take action against the persons who are obstructing the construction of Pulia on public way. The S.D.M. by the impugned order dated 24-4-2008 directed the S.O. concerned to take action against those persons who are obstructing the construction on government land. It not disputed that the application for temporary injunction filed in the aforesaid suit is still pending for disposal. If the petitioner is aggrieved by any illegal act of the respondent nos. 2 to 7 allegedly committed by them during the pendency of the suit, it is open to the petitioner to seek suitable amendment in the plaint for appropriate relief against the respondent nos. 2 to 7 within legal frame. In view of the fact that the Civil Suit is pending and the application for temporary injunction is also pending for disposal, the petitioner may pursue his application for temporary injunction before the Court concerned or he may move an application before the S.D.M. Laksar for recalling the impugned order dated 24-4-2008 passed by him. Therefore, I am not inclined to entertain the present writ petition, which is liable to be dismissed at the threshold. With the above, observation, the writ petition is dismissed in limine. All pending applications stand disposed of. (B.S. Verma, J.) RCP