Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 220 of 2019 Petitioner :- Mohammad Maqsood Ansari Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shahid Ali Siddiqui,Mohammad Yaseen Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Shahid Ali Siddiqui, learned counsel for petitioner, learned Standing Counsel for State-respondent 4 and Sri Rajnish Kumar Rai, learned counsel for respondents 1 to 3.
2. This is a thoroughly misconceived and ill advised petition filed as Public Interest Litigation. Petitioner is seeking a mandamus commanding respondent to change Manned Level Crossing Gate No.28 C (West) from "Closed to Road Traffic" to "Open to Road Traffic" as per Rule and situation under Railway Over Bridge situated in Kasba Phulpur, District-Allahabad except time of passing train at level crossing on Road.
3. Above matter relates to maintenance of movement of trains and safety of people for which Railway Ministry and its Officials are capable and competent to take decision. Court is not competent enough to interfere in such matters.
4. Learned counsel for petitioner submits that there is a letter of Government of India, Ministry of Railways, Railway Board dated 09.01.2012 and he is seeking compliance thereof.
5. Having gone through aforesaid letter dated 09.01.2012 (Annexure-4 to this petition), we find that it is for guidance of Officials in correspondence to Railway Ministry and it does not confer any judicially reviewable or enforceable right upon petitioner. This petition lacks merit.
6. Dismissed accordingly.
Order Date :- 26.4.2019 Manish Himwan