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2025 DAILYLAW 144259 (ALL)

BRIJ KISHOR AWASTHI PURV MADHYAMIK VIDYALAYA THRU.MANAGER ANAND KUMAR AWASTHI @ ANAND KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE GOVT. LKO AND 5OTHERS

WRIC/5592/2025 · 2025-05-30

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33807-DB Court No. - 9 Case :- WRIT - C No. - 5592 of 2025 Petitioner :- Brij Kishor Awasthi Purv Madhyamik Vidyalaya Thru.Manager Anand Kumar Awasthi @ Anand Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Govt. Lko And 5others Counsel for Petitioner :- Ashish Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Dilip Kumar Pandey, learned counsel for the respondent no.5. 2. This writ petition has been filed with the following main prayers:- "(i) to issue, a writ order or direction in the nature of Certiorari quashing the resolution dated 26.12.2024, so for it relates to the construction of R.R. Centre at Gata No. 455 situated in village - Bargawan, Tehsil - Mohali, District - Sitapur' which is annexure herewith as Annexure No.1 to this writ petition. (ii) to Issue, a writ order or direction in the nature of Mandamus commanding to the Opposite Parties No. 2 to 5 not to construct the R.R. center at the proposed site and to construct the same in compliance of the 'U.P. State Solid Waste Management Policy, 2016." 3. It has been submitted by learned counsel for the petitioner that the petitioner is residing on his own Bhumidhari Land i.e. Gata No. 458 and the respondents are constructing a garbage dump/ R.R. Center on land which is adjacent to the house/school of the petitioner, which shall create unhygienic conditions for the children studying in the school. 4. Learned Standing Counsel for the State Respondents says that the R. R. Center is being constructed on banjar land belonging to the Gram Sabha in furtherance of a proposal made by the Gram Sabha itself. 5. Learned counsel for the petitioner says that the Panchayat Raj Department of the Government of U.P. has issued a Solid Waste Management Policy in Rural Areas and the Rules made in this regard in 2016 called the Construction and Demolition Waste Management Rules, 2016. 6. Learned counsel for the petitioner also says that the petitioner has made representations repeatedly to Sub-Divisional Magistrate and District Magistrate of Sitapur, but no heed has been paid and the petitioner has been forced to approach this Court in this petition. 7. This writ petition is disposed of with a direction to the District Magistrate, Sitapur to look into the grievance of the petitioner, for which the petitioner shall file a fresh representation annexing therewith a copy of the Solid Waste Management Policy issued by the Punchayat Raj Department and the Construction and Demolition Waste Management Rules, 2016 within a week from today. If such representation is made within a week from today, the District Magistrate, Sitapur shall consider the same and pass appropriate orders within two weeks thereafter. Order Date :- 30.5.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench