IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 75 of 2011 (PIL) Smt. Santoshi Rana ….…… Petitioner. Versus Sub Divisional Magistrate, Tehri and others ………. Respondents Mr. Mangal Singh Chauhan, Advocate for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State / respondents. Date of Judgment: 06.09.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) Petitioner seeks damages that the villagers suffered due to heavy downpour in the last year, be repaired. From the correspondence, annexed to the writ petition, it is evident that the officers of the State, who are obliged to look into these matters, have looked into the same. They have also made appropriate approaches to the appropriate authorities for release of funds in order to repair those damages. No sooner funds are available, we hope and expect that the damages will be repair. 2. It must be kept in mind that even in a Public Interest Litigation, Court is incompetent to direct the Government to release funds, which have not been budgeted. Nothing has been shown in the petition that any budget has been sanctioned by the State for effecting these kinds of repairs. It must also be kept in mind that during the downpour, referred to in the petition, not only the villages of the petitioner suffered damages, but, by and large, each and every village of the State has suffered damages to some extent. 3. We hope and expect that the State will take appropriate action to repair those damages and while doing so, give emphasis to those villages which have suffered the most. In public interest, we could only do to that extent and no further. 2 4. The writ petition is, accordingly, disposed of. (V.K. Bist, J.) (Barin Ghosh, C.J.) 06.09.2011 06.09.2011 Amit