IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 116 (PIL) of 2009 Sri 108 Ram Rat Baba Ashram and another. …..…Petitioners. Versus State of Uttarakhand and others. …...…Respondents. Mr. Sharad Sharma, Sr. Advocate assisted by Mrs. Indu Sharma, Advocate present for petitioners. Mr. K.P. Upadhyay, Additional CSC, for State of Uttarakhand. Judgment Coram: Hon’ble Barin Ghosh, CJ. Hon’ble Nirmal Yadav, J. Barin Ghosh, C.J. (Oral) The purpose of writ petition is to preserve and protect a small stretch of land leading from National Highway at Ramnagar to the bank of Kosi River as by way of a road. In order to obtain the same, the petitioners are required to have in their favour a declaration that said stretch of land is in fact a road or they have their unfettered right of way thereon. Petitioners have not been able to establish that the said stretch of land is in fact a road acknowledged as such by an authority competent to acknowledge the same. No such declaration has yet been obtained by the petitioners too. In such view, it would not be appropriate to do anything further on the writ petition. We, however, preserve the rights and liberties of the 2 petitioners to obtain such declaration from such competent authority, as petitioners may be advised. (Nirmal Yadav, J.) (Barin Ghosh, C.J.) 22.11.2010 SKS