IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 9812 of 2009 Urgency Application No.1128 of 2010 In WRIT PETITION No. 1899 of 2009 (M/S) Indira Market Vyapar Sangh, Indira Market Rajpur Road, Dehradun through its Secretary Sri Surendra Gupta S.o Late Sri K.L. Gupta, R/o 98-C, Nalapani Road, Dehyradun, Uttarakhand. ……Petitioner. Versus 1. State of Uttarakhand through Principal Secretary, Secretariat, Dehradun. 2. Mussoorie Dehradun Development Authority, Preetam, Road, Dehradun through Vice President Secretary. 3. District Magistrate, Dehradun. 4. Senior Superintendent of Police, Dehradun. 5. Sumitra Devi, W/oRoshan Lal Dua, R/o 145/222, Dandipur Mohalla, Dehradun. ..Respondents. Mr. D. Barthwal, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for the State-respondent Nos. 1,3, and 4. Mr. D.S.Patni, Advocate for the respondent No.2. Date: - 26-03-2010 Hon’ble B.S. Verma J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought following reliefs:- 2 (a) To issue writ, order or direction in the nature of mandamus directing the respondent Nos. 1,2, 3 and 4 to take possession of the Public Toilet (property No. 9A and 18A, situated in Pradhikaran Bazar, Indira Market, Dehradun) from respondent Nos. 5 and 6 and to hand over the same to the General Public for its use, in view of the order dated 30-5-2009 passed by the ACJM III/Additional Civil Judge (Senior Division), Dehradun (Annexure No. 13 to the present petition). (b) To issue writ, order or direction in the nature of mandamus, restraining the respondent No.2 from selling/transferring or allotting Public Toilet (property No. 9A and 18A, situated in Pradhikaran Bazar, Indira Market, Dehradun)in favour of anyone and ensure that the same is used as Public Toilet. (c) To pass such an order which this Hon’ble Court deem fit in the facts and circumstances of the case. Brief facts giving rise to the present writ petition are that according to the petitioner in Civil Suit No. 576 of 2004, Sumitra Devi Vs. MDDA and others, the petitioner Society was impleaded by the order of this Court on 2-4- 2009 passed in writ petition No.878 of 2006 (M/S), Indira Market Vyapar Sangh Vs. MDDA and others. Learned ACJM III/Additional Civil Judge (Senior Division) Dehradun passed an order on 30-05-2009 that the liberty is given to the respondent No.1 to proceed on the basis of the letter dated 19-10-2004 to evict the respondent No.5 Sumitra Devi plaintiff in the suit in accordance with law. 3 The grievance of the petitioner is that despite of the letter of MDDA dated 04-08-2009, the respondent No.5 has not handing over the possession of toilet to the petitioner. The respondent No.5 might have preferred an appeal against the order of temporary injunction dated 30-05-2009. This fact is not within the knowledge of the petitioner as well the counsel for the MDDA as on today. If the petitioner is aggrieved by any order, which was not complied with, the petitioner may approach the appropriate authority either MDDA or Civil Court for redressal of their grievance. With the said observation, the writ petition is disposed of. All pending applications stand disposed of accordingly. (B.S. Verma, J.) 26-03-2010 MK