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Saddan Khan And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|08 January, 2021
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JUDGMENT / ORDER

Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1437 of 2020
Petitioner :- Saddan Khan And 4 Others
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Subedar Mishra,Thakur Prasad Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to challenge the order dated 26.07.2019, passed by District Magistrate, Bijnor.
Under the aforesaid order, the District Magistrate in compliance of the directions given by this Court in writ petition No.63024 of 2014, ordered for not raising the construction of Clock Tower in Nagar Panchayat Saheshpur, Bijnor.
As per District Magistrate, the construction of Clock tower is nothing but misuse of public money and further that will cause obstruction in smooth movement of traffic.
It is submitted by learned counsel for the petitioner that construction of Clock Tower in Nagar Panchayat, Bijnor is part of its beautification campaign and therefore, the decision taken by the District Magistrate is absolutely unwarranted.
We do not find any merit with the argument advanced by learned counsel for the petitioner. The District Magistrate in quit specific terms stated that the construction of Clock Tower at a circle would cause obstruction in smooth movement of traffic and to substantiate this version he has given all details of the road where the clock tower is to be constructed.
It would also be appropriate to state that in the current era the clock tower would also not be of any public use in view of the fact that no citizen nowadays is dependent to the clocks which are to be installed on Clock Tower.
In view of whatever stated, we do not find any justification to interfere in this matter by invoking power under Article 226 of the Constitution of India. Hence, the writ petition is dismissed.
Order Date :- 8.1.2021/A.Dewal (Saurabh Shyam Shamshery,J.) (Govind Mathur,C.J.)
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Title

Saddan Khan And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
08 January, 2021
Judges
  • Govind Mathur Chief
Advocates
  • Subedar Mishra Thakur Prasad Dubey