Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1723 of 2020 Petitioner :- Om Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Anurag Dubey
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
The sole allegation of the petitioner is that respondent no.5 made encroachment on a public path and that is causing public nuisance.
For redressal of such grievance, appropriate remedy is available to the petitioner under Section 133 of the Code of Criminal Procedure, 1973. The petitioner may also approach a competent civil court for removal of such encroachment.
We do not find any just reason to interfere in the matter by invoking public interest litigation jurisdiction of this Court.
The writ petition is dismissed.
The petitioner is at liberty to avail appropriate alternative remedy.
Order Date :- 7.1.2021 Bhaskar (Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)