Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4137 of 2018 Petitioner :- Swami Viveka Nand Samajik Utthan Samiti And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Krishan Tripathi,Vibhav Prakash Tripathi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Sunil Dutt Kautilya
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Power of Attorney on behalf of respondent no. 4 has been filed by Sri Vimlesh Kumar Rai, Advocate, in Court today, the same is taken on record.
This petition for writ is preferred to have a direction for respondent nos. 1 to 4 to remove public nuisance from the public property in question.
It is brought to our notice that, earlier too, a Public Interest Litigation (PIL) No. 10392 of 2016 was filed where a direction was given to the competent Authority to "take all necessary steps to mitigate the nuisance to the residents and to ensure that the park is maintained in its proper form." It is submitted by learned counsel that in pursuance of the directions given earlier, the nuisance made by setting up the sewage pumping station has been removed but respondent no. 5 has entered into the park and is causing public nuisance.
Heard learned counsels.
It is not in dispute that the petitioners by this petition for writ desire to have a direction to remove the public nuisance for removal of public nuisance, the appropriate efficacious remedy is available to the petitioners under Section 133 of the Code of Criminal Procedure, 1973. The petitioners should avail the remedy aforesaid for redressal of their grievance instead of approaching this Court under Article 226 of the Constitution of India.
The petition, thus, is disposed of by keeping the petitioners at liberty to avail remedy under the provisions of Code of Criminal Procedure, 1973.
Order Date :- 18.8.2018 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, J.)