Court No. - 29
Case :- WRIT - C No. - 19684 of 2019 Petitioner :- Mahesh Jain Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Sujata Choudhary,Mohit Kumar Singh Counsel for Respondent :- C.S.C.,Jagannath Maurya,Pankaj Srivastava
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Mrs. Sujata Choudhary, learned counsel for the petitioner, learned Standing Counsel, Sri Maurya, learned counsel for respondent No.5 and Sri Pankaj Srivastava, learned counsel for respondent No.6.
The petitioner, by means of this petition, seeks a direction upon respondent Nos. 7 and 8 not to erect tower and allied equipments in the residential area.
The respondent Nos. 7 and 8 are private respondents against whom a writ of mandamus does not lie.
In view of the above, we do not deem it necessary to exercise our discretionary jurisdiction in the matter so as to issue any direction.
Since the petitioner has raised his grievance before the District Magistrate, who is already looking into the matter as is evident from his order dated 01.03.2018 passed on the said application, we direct District Magistrate to take necessary and appropriate action on the above application dated 01.03.2018 of the petitioner and other residents and to ensure that no safety hazards are created due to any unauthorised erection of tower and allied equipments in the residential area.
The writ petition stands disposed off. Order Date :- 31.5.2019 Nirmal