The High Court dismissed a writ petition challenging a Nagar Palika Parishad resolution rescinding a prior decision to install a statue, holding that such administrative choices do not require judicial interference absent specific rights infringement or public interest.
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Neutral Citation No. - 2023:AHC:142455-DB
Court No. - 46
Case :- WRIT - C No. - 19492 of 2023
Petitioner :- Ashutosh Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sugendra Kumar Yadav,Anand Prakash Srivastava
Counsel for Respondent :- C.S.C.,Nitesh Kumar Srivastava
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State authorities and Sri Nitesh Kumar Srivastava, learned counsel for respondent no.5.
This petition has been filed challenging a resolution passed by the Nagar Palika Parishad, Deoria, dated 21.10.2022 (annexure-8 to the petition) resiling the previous resolution dated 21.12.2019 in respect of installation of a statue of late Prime Minister Atal Bihari Vajpayee at the auditorium town hall.
Which statue is to be installed by the local authority at which place is ordinarily not a matter of concern wherein this Court should interfere. Such issues are best left to be decided by the Nagar Palika Parishad itself. Petitioner otherwise is neither a member of Nagar Palika Parishad nor any of his individual rights are otherwise shown to be infringed. The petition is also not filed in public interest.
In that view of the matter, we refuse to interfere in the present petition, which is consequently dismissed.
Order Date :- 18.7.2023 Ashok Kr.
Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether this Court should interfere in the Nagar Palika Parishad's resolution rescinding its earlier decision to install a statue.
Ashutosh Tiwari
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
Ashok Kumar
As recorded by the court registry
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