Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 303 (UTT)

C. N. I. GIRLS INTER COLLEGE v. STATE OF UTTARAKHAND

2016-07-01

V.K.BIST

body2016
JUDGMENT Hon’ble V.K. Bist, J. By means of present writ petition, the petitioner has sought a writ in the nature of mandamus directing the State and its instrumentalities not to forcibly demolish any portion of C.N.I. Girls’ Inter College situated at 51-C, Rajpur Road, Dehradun or disturbing their possession, without due process of law. 2. Learned Senior Counsel Sri V.K. Kohli submits that petitioner had filed a suit being No.276 of 2016 against Punjab Synod United Church of Northern India and one Sri Balram Sharma (respondent no.5 herein), wherein injunction order was granted in favour of the petitioners, on 17.05.2016, and the defendants were directed not to encroach upon the land in dispute. Learned Senior Counsel, referred para-25 of the writ petition, in which it is submitted that on 17.06.2016, a huge police force of Dhara Chowki, Rajpur Road, Dehradun came to the spot along with JCB and tried to demolish the boundary wall of the college and servant quarters without any authority of law, resulting the college authorities to protest. Some of the photographs taken of the incident have been annexed with this writ petition, which is Annexure No.X. It is further submitted that in the same photographs the police as well as the people who came to demolish the wall and disturb the possession of the petitioners are also shown. It is the allegation of the petitioner that some persons from Haryana and Rajasthan came at the spot and created nuisance. 3. Learned Standing Counsel was asked to seek instructions in the matter about the allegations made against the police force. 4. Today, Sri P.C. Bisht, learned Standing Counsel, has submitted that as per the instructions received from concerned Thana Incharge there was a dispute between the parties and the police simply went at the spot after which the Principal of the College showed the Thana Incharge the copy of the order passed by learned Civil Judge. Learned Standing Counsel has submitted that it is not a case where the police personnel went at the spot to help any person; they were, in fact, went there to maintain law and order. 5. Learned Standing Counsel has submitted that it is not a case where the police personnel went at the spot to help any person; they were, in fact, went there to maintain law and order. 5. In ordinary circumstances, the High Court does not pass any interim injunction order in favour of any of the parties and such type of matter is always looked into by the civil court, but considering the special facts and circumstances of the case, as an interim measure, it is directed that the boundary wall of the College shall not be demolished by any person, including the police personnel, till 7th July, 2016. 6. List this matter on 7th July, 2016. (Stay application no.6510 of 2016 stands disposed of). 7. Let certified copy of the order be supplied to the parties today itself.