Brij Kishor Awasthi Purv Madhyamik Vidyalaya Thru.Manager Anand Kumar Awasthi @ Anand Kumar Vs State of U.P. Thru. Addl. Chief Secy. Revenue Govt. Lko and 5OTHERS — Allahabad HC (2025) — LawSathi Research

Brij Kishor Awasthi Purv Madhyamik Vidyalaya Thru.Manager Anand Kumar Awasthi @ Anand Kumar Vs State of U.P. Thru. Addl. Chief Secy. Revenue Govt. Lko and 5OTHERS — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without quashing the resolution; petitioner directed to file a fresh representation to the District Magistrate, Sitapur within a week annexing the U.P. State Solid Waste Management Policy, 2016 and the Construction and Demolition Waste Management Rules, 2016, and the District Magistrate directed to consider it and pass appropriate orders within two weeks thereafter.

Issue for consideration

Whether the resolution dated 26.12.2024 relating to construction of the R.R. Centre at Gata No. 455, village Bargawan, Tehsil Mohali, District Sitapur should be quashed by certiorari. +1 more

Court's answer

The writ petition is disposed of with a direction to the District Magistrate, Sitapur to look into the grievance of the petitioner, for which the petitioner shall file a fresh representation annexing the Solid Waste Management Policy issued by the Panchayat Raj Department and the Construction and Demolition Waste Management Rules, 2016 within a week.

Ratio / Principle

If such representation is made within a week, the District Magistrate, Sitapur shall consider the same and pass appropriate orders within two weeks thereafter.

Detailed headnote1 paragraphs

WRIT - C No. 5592 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 9; Sangeeta Chandra, J. and Shree Prakash Singh, J.) — Brij Kishor Awasthi Purv Madhyamik Vidyalaya Thru. Manager Anand Kumar Awasthi @ Anand Kumar v. State of U.P. and others. Petitioner sought certiorari quashing a resolution dated 26.12.2024 for construction of an R.R. Centre (garbage dump) at Gata No. 455, village Bargawan, Tehsil Mohali, District Sitapur, adjacent to the petitioner's land/school (Gata No. 458), and mandamus directing respondents No. 2 to 5 not to construct at the proposed site except in compliance with the U.P. State Solid Waste Management Policy, 2016 and the Construction and Demolition Waste Management Rules, 2016. Earlier representations to the SDM and DM, Sitapur drew no response. The Division Bench disposed of the petition (order dated 30.5.2025) with a direction to the petitioner to file a fresh representation to the District Magistrate, Sitapur within a week annexing the Policy and the Rules, and directed the District Magistrate to consider it and pass appropriate orders within two weeks thereafter.

Neutral Citation No. - 2025:AHC-LKO:33807-DB

Court No. - 9

Case :- WRIT - C No. - 5592 of 2025

Petitioner :- Brij Kishor Awasthi Purv Madhyamik Vidyalaya Thru.Manager Anand Kumar Awasthi @ Anand Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Govt. Lko And 5others Counsel for Petitioner :- Ashish Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Dilip Kumar Pandey, learned counsel for the respondent no.5.

This writ petition has been filed with the following main prayers:-

" (i) to issue, a writ order or direction in the nature of Certiorari quashing the resolution dated 26.12.2024, so for it relates to the construction of R.R. Centre at Gata No. 455 situated in village - Bargawan, Tehsil - Mohali, District - Sitapur' which is annexure herewith as Annexure No.1 to this writ petition.

(ii) to Issue, a writ order or direction in the nature of Mandamus commanding to the Opposite Parties No. 2 to 5 not to construct the R.R. center at the proposed site and to construct the same in compliance of the 'U.P. State Solid Waste Management Policy, 2016. "

It has been submitted by learned counsel for the petitioner that the petitioner is residing on his own Bhumidhari Land i.e. Gata No. 458 and the respondents are constructing a garbage dump/ R.R. Center on land which is adjacent to the house/school of the petitioner, which shall create unhygienic conditions for the children studying in

the school.

Learned Standing Counsel for the State Respondents says that the R. R. Center is being constructed on banjar land belonging to the Gram Sabha in furtherance of a proposal made by the Gram Sabha itself.

Learned counsel for the petitioner says that the Panchayat Raj Department of the Government of U.P. has issued a Solid Waste Management Policy in Rural Areas and the Rules made in this regard in 2016 called the Construction and Demolition Waste Management Rules, 2016.

Learned counsel for the petitioner also says that the petitioner has made representations repeatedly to Sub-Divisional Magistrate and District Magistrate of Sitapur, but no heed has been paid and the petitioner has been forced to approach this Court in this petition.

This writ petition is disposed of with a direction to the District Magistrate, Sitapur to look into the grievance of the petitioner, for which the petitioner shall file a fresh representation annexing therewith a copy of the Solid Waste Management Policy issued by the Punchayat Raj Department and the Construction and Demolition Waste Management Rules, 2016 within a week from today. If such representation is made within a week from today, the District Magistrate, Sitapur shall consider the same and pass appropriate orders within two weeks thereafter.

Order Date :- 30.5.2025 Darpan Sharma

Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench