This High Court dismissed a D.B. Civil Writ Petition alleging grievances about the width of a Railway underpass. The Court held that such issues regarding resources and technical feasibility fall within the executive domain, not the judicial competence for PILs.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 762/2021
Bhuvnesh Kumar Ameta S/o Shri Lalu Ram, Aged About 35 Years, Resident Of Village Dharta, Post Khempur Mavli, District Udaipur. At Present Residing At House No. 12, Ashapura Colony, Ahead Railway Bridge, Village Bedwas, District Udaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. Kamal Kishore Dave. Mr. Dhirendra Pandey
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
24/11/2021
The grievance such as the width of the Railway underpass cannot be the subject matter of a public interest petition. These are issues primarily for the executive to address. The available resources, technical feasibility, advisability and widening or not widening the underpass are issues not within the competence of the High Court to go into.
(2 of 2)
[CW-762/2021]
The writ petition is therefore dismissed.
(SUDESH BANSAL),J
(AKIL KURESHI),CJ
17-jayesh/-
3 issues framed by the court
Whether the width of a railway underpass is a matter within the competence of the High Court for a public interest writ petition.
Whether issues regarding technical feasibility, availability of resources, and advisability of widening a railway underpass can be adjudicated by the High Court.
Whether a public interest petition should be entertained concerning matters primarily adjudgable by the executive.
Bhuvnesh Kumar Ameta
State Of Rajasthan
Chief Engineer, Public Works Department
Joint Director, North Western Railways
Senior Divisional Engineer, North Western Railway
District Collector, Udaipur
Akil Kureshi
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
