Uttarakhand High Court

Bhupendra Singh v. Nagar Nigam Roorkee

2026:UHC:6136 · WPMS/2177/2026

Decision date
2026-07-21
Text availability
Full text
Judges
Manoj Kumar Tiwari

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Judgment text

UKHC010125972026 2026:UHC:6136 Office Notes, reports, orders or proceedingsSL. Date or directions COURT’S OR JUDGE’S ORDERSNo. and Registrar’s order with Signatures WPMS/2177/2026 Bhupendra Singh --Petitioner Versus Nagar Nigam Roorkee --Respondent Hon'ble Manoj Kumar Tiwari, J. Mr. Kushagra Saini (through video conferencing), Advocate, holding brief of Mr. Rajveer Singh, Advocate for the petitioner. 2. Mr. Lalit Miglani, Advocate for the respondent. 3. Nagar Palika, Roorkee allotted Shop No. 2 in favour of one Mr. Parmanand in the year 1990. Petitioner is presently occupying the said shop. 4. Learned counsel for the Nagar Nigam, Roorkee points out that Parmanand had sublet the shop to petitioner. 5. Municipal authorities wanted to evict the petitioner from the shop and petitioner filed a suit for permanent injunction, which is reportedly pending before a competent court. In that suit, petitioner applied for temporary injunction, however, his application is pending consideration. 6. Petitioner earlier filed WPMS/2070/2026 seeking the following reliefs:- “I. Issue a writ, order or direction directing the respondents to maintain status quo regarding the possession of the shop in question till the disposal of the petitioner’s application under Order XXXIX Rules 1 and 2 CPC pending in Original Suit No. 145 of 2026 before the Court of Civil Judge (Junior Division), Roorkee UKHC010125972026 2026:UHC:6136 District Haridwar.

II. Issue an appropriate order or direction to the court of learned Civil Judge (Junior Division), Roorkee District Haridwar to decide the application under Order XXXIX Rules 1 and 2 CPC in Original Suit No. 145 of 2026 within stipulated time period as may deem fit and proper by this Hon’ble Court.” 7. The said writ petition was disposed of with a request to Trial Court to make endeavour to decide petitioner’s temporary injunction application as early as possible. 8. In this writ petition, petitioner has sought the following relies:- “(a) Issue a writ, order or direction in the nature of mandamus directing the respondent not to dispossess the petitioner from the disputed shop without following the procedure established by law and without giving the petitioner an opportunity of being heard. (b) Issue a writ, order or direction in the nature of Certiorari to quash the Impugn eviction notice dated 08.07.2026 issued by the Nagar Nigam Roorkee through Nagar Ayukat Nagar Nigam Roorkee, Pargana and Tehsil Roorkee, District Haridwar containing (annexure no. 1, page no. 10-11) to this writ petition”” 9. Since petitioner is before the Civil Court and his temporary injunction application is also pending, therefore, learned counsel appearing for Nagar Nigam, Roorkee is right in submitting that successive writ petition filed by petitioner for the same relief amounts to abuse of process of law. 10. Thus, this Court do not find any reason to interfere in the matter.

11. The writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 21.07.2026 Navin CHANDRA signedo=HIGHby COURTNAVEENOF UTTARAKHAND, ou=HIGH COURT OFNAVEEN postalCode=263001, st=UTTARAKHAND, CHANDRA DigitallyDN:UTTARAKHAND,2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15,serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5,Date:c=IN,2026.07.22 18:36:44cn=NAVEEN +05'30'CHANDRA