IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1173 of 2008 (M/S) Darshan Singh S/O Shri Uttam Singh, R/O Village Konti, Patti Kemar, Tehsil Dhansali, District Tehri Garhwal …… Petitioner. Versus State of Uttarakhand through District Magistrate, District Tehri Garhwal and two others. … Respondents. Sri Ghanshyam Joshi, holding brief of Arvind Vashist, learned counsel for the petitioner. Sri K.P. Upadhyay, learned Additional C.S.C. for the respondents-State. Date July 17, 2008. Hon’ble B.S. Verma, J. Sri Ghanshyam Joshi, holding brief of Sri Arvind Vashist, learned counsel for the petitioner and Sri K.P. Upadhyay, learned Additional Chief Standing Counsel for the State- respondents. This writ petition has been filed for issue a writ of mandamus commanding the respondents to construct Sentul-Patud Gaon road without changing the survey conducted earlier by the consent of public in general of the villages, who are beneficiary and not to construct the road aforesaid according to new survey allegedly made by the respondent nos. 2 and 3. According to the petitioner Sentul-Patud Gaon road was sanctioned by the respondent no. 1 and the road has already been completed upto village Konti and now the remaining road has to be constructed from village Konti to Patud Gaon and in accordance with the alignment of the earlier survey, which was duly approved by the Government. The grievance of the petitioner is that earlier survey was conducted with the consent of general public, but later-on, the respondent no.2 conducted another survey by which the alignment of the road had been changed and the road is being constructed on the basis of second survey. In the course of arguments, learned counsel for the petitioner has submitted that the petitioner may be given liberty to make a representation before the respondent no.3 and the respondent no. 3 be directed to decide the representation of the petitioner by a speaking order and the writ petition may be disposed of finally today. In the above facts and circumstances of the case, liberty is given to the petitioner to make a representation before the Superintending Engineer concerned-respondent no.3 within a period of one week from today along with certified copy of this order. If the representation is so made, the third respondent shall consider the grievance of the petitioner and shall decide the representation expeditiously by a reasoned order, preferably within a period of four weeks thereafter. With the above direction, the writ petition is disposed of finally. (B.S. Verma, J.) RCP