IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 24 OF 2009 Sri Tulsi Das and another …Petitioners. Versus State of Uttarakhand and others. ……...Respondents. Present: Mr. Vinay Kumar, Advocate for the petitioners. Mr. H.M. Raturi, Advocate for the respondents. Date of Decision : 28.7.2010 Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. Khehar, C.J. (Oral) 1. By a Motion Bench Order dated 11.11.2009, this Court, inter alia, directed as under:- “We, however, direct and make it clear to the Public Works Department of the Govt. of Uttarakhand that in the event the water tank is damaged or the Khmbhakhal Irrigation Canal is damaged or is filled up by the boulders or “Maluwa” on account of the hill cutting, the same would be cleared or repaired, as the case may be, at the expenses of the Public Works Department. We also direct that the department will ensure that the source of the water which is being received by the water tank is not disturbed and in the event a fresh alignment is required to be made, the same would be done by the Public Works Department at the their expenses by alignment of fresh pipe lines, etc. We further direct the Standing Counsel appearing for the Public Works Department to submit a report on the progress of the construction of the road within two weeks from today. The affidavit will also indicate the time factor for the construction of the road.” In furtherance of the aforesaid directions, the report submitted by the Public Works Department depicts that the road under construction will be completed by March 2011. Besides the aforesaid, learned counsel for the respondents undertakes, that the directions issued by the Motion Bench on 11.11.2009 will be complied with in letter and spirit till the completion of the road under construction. 2. In view of the statement made by the learned counsel for the respondents, learned counsel for the petitioners states that the instant Writ Petition has been rendered infructuous. Accordingly, the instant Writ Petition is dismissed as having been rendered infructuous. Needless to mention that the respondents will be bound by the statement made to this Court on their behalf, as has been noticed hereinabove. In case, the undertaking given to this Court is violated in any manner, it will be open 2 to the petitioner to revive the instant Writ Petition by moving a Civil Misc. Application. 3. The instant Writ Petition is accordingly disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 28.07.2010 Rathour