Court No. - 37
Case :- WRIT - C No. - 42091 of 2019 Petitioner :- Kripal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pavan Kumar Kushwaha,Ramesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and Standing Counsel for the State.
By means of this writ petition the petitioner has come to this Court with allegation that Respondent Nos. 6 and 7 are throwing garbage in front of his house and creating nuisance and affecting his easementary right.
In case the petitioner's easementary or civil right is affected, the remedy of the petitioner is by way of civil suit. In case of grievance of nuisance, the remedy is to approach the concerned police authorities or under the Code of Criminal Procedure. The writ petition is not the proper remedy for the purpose.
Accordingly, the writ petition is dismissed being misconceived.
Order Date :- 19.12.2019 Manish Tripathi (Ravi Nath Tilhari,J. ) (Abhinava Upadhya,J.)