IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 2141/07 (M/S) (Distt-Dehradun) Brigadier Vijay Kumar Datt S/o Late Major Ram Prakash Datta, R/o 59-D Rajpur Road/1 Zila Dheesh Marg, District Dehradun and another. ….Petitioner. Versus State of Uttarakhand through Secretary, Irrigation, Civil Secretariat, District Dehradun and three others. ……Respondents. Sri Sharad Sharma, learned counsel for the petitioners. Sri K.P. Upadhyay, learned Addl. C.S.C. for the respondent nos. 1, 3 and 4. Sri Sudhanshu Dhulia, Senior Advocate assisted with Ms. Puja Banga, learned counsel for the respondent No. 2 Date: - 12.8.08 Hon’ble B.S.Verma, J. Heard Sri Sharad Sharma, learned counsel for the petitioner, Sri K.P. Upadhyay, learned Addl. C.S.C. for the respondent nos. 1, 3 and 4 and Sri Sudhanshu Dhulia, Senior Advocate assisted with Ms. Puja Banga, learned counsel for the respondent no. 2. By means of this writ petition, the petitioner has sought relief in the nature of mandamus commanding the respondents not to dispossess and disturb the possession of the petitioners from the property of the petitioners. The reliefs which were sought by the petitioners are in the nature which can be availed by filing a suit of permanent injunction before the competent court concerned. The relief itself shows that intricate question of fact is involved, therefore, I am not inclined to entertain the petition. Learned counsel for the petitioner has contended that the similar Writ Petition No. 397 of 2007 (Rakesh Chugh and others Vs. State of Uttarakhand and others) was filed before the Division Bench of this Court and the Division Bench of this Court while deciding the writ petition directed that the petitioner may file suit for permanent injunction within a period of one month before the competent court, and ordered that both the parties shall maintain status quo for the period of one month in terms of the order passed in the said writ petition. Accordingly, the writ petition is dismissed. No order as to costs. However, it is provided that the petitioner may file the suit for permanent injunction within a period of one month before the competent Court having jurisdiction to try the suit, till then both the parties shall maintain status quo. All pending applications stands disposed of accordingly. (B.S.Verma, J.) 12.8.08 RMY