IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (P.I.L.) No.28 of 2010 Umesh Bangiya ……….. Petitioner Versus State of Uttarakhand and others ....……… Respondents Coram:- Hon’ble J.S. Khehar, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Present: Mr. Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. P.C. Bisht, Advocate for respondent No. 1. Ms. Puja Banga, Advocate for respondent Nos. 2 & 3. Date of Decision: 23.04.2010 J.S. Khehar, C.J. (Oral) The instant writ petition is styled as a Public Interest Litigation. The averments therein pertain to unauthorized construction being effected by respondent No.4. The petitioner is, admittedly, one of the allottees in the same construction project. It is, therefore, not possible for us to entertain the instant writ petition as a Public Interest Litigation. 2. Inspite of the aforesaid, we are satisfied that certain glaring infirmities in the process of constructions have been disclosed in the pleadings of this case. In connection therewith, a legal notice dated 29.10.2009 (Annexure-8) was also addressed by the petitioner inter alia to respondent Nos. 2 and 3. It seems that the aforesaid legal notice has not evoked any response from respondent No.2. We are of the view that the ends of justice would be met, if the instant writ petition is disposed of with a direction to respondent No.2 i.e. the Vice Chairman, Mussoorie Dehradun Development Authority, Dehradun requiring him to examine the factual position depicted in the legal notice dated 29.10.2009, and thereafter, to take such action as may be called for in accordance with law. Needless to mention, that it would be appreciated if respondent No.2, while examining the claim raised by the petitioner, passes a well reasoned speaking order and communicates the same to the petitioner within one month from the date of receipt of a certified copy of this order. 2 The instant writ petition is disposed of in the aforesaid terms. A copy of this order be furnished to the learned counsel for the petitioner through Dasti process on payment of usual charges. ( Sudhanshu Dhulia, J. ) ( J.S. Khehar, C.J.) 23.04.2010 P.Singh