In a PIL regarding encroachment on a public path causing nuisance, the High Court held that the remedy lies under Section 133 CrPC and dismissed the writ petition, directing the petitioner to approach the Executive Magistrate.
Petition dismissed; liberty to approach Executive Magistrate under Section 133 CrPC.
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Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3950 of 2018
Petitioner :- Jagdish Prasad Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- C.S.C.,Sanjay Kumar Tripathi
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
As per the averments contained in Para 9 of the petition for writ, the respondent no. 4 to 8 have made encroachment on the road going to Medical College and that is causing huge inconvenience to the residents of the area concerned. It is also stated that before approaching this Court certain representations were submitted to the respondent-Authorities, but no steps have yet been taken.
The facts stated in the petition for writ indicates that the grievance of the petitioner is with regard to public nuisance said to be existing on public path. To get such public nuisance removed a remedy is available under Section 133 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Act of 1973").
Looking to the remedy provided under the Code of Criminal Procedure, 1973, we are not inclined to interfere in this petition for writ. The same is dismissed. The petitioner is at liberty to approach appropriate Executive Magistrate for removal of public nuisance in accordance with the provisions of the Act of 1973.
Order Date :- 19.7.2018
Rameez
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the Court should interfere in a writ petition concerning encroachment on a public path given the availability of remedies under Section 133 CrPC.
Jagdish Prasad Pandey
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
