HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9100 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent no.1 and Shri Girish Chandra Sinha, learned counsel appearing for the respondent nos.3 and 4. 2. In view of the order being proposed to be passed, issuance of notice to respondent nos.5 and 6 is being dispensed with. 3. This petition has been filed by the petitioner with the following prayers : "1. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 and 4 to forthwith remove the heaps of garbage and filth lying in the obstructed drain (naapdaan naali) situated in Mohalla-06, J.P. Singh Marg, Andar Nagar, Nagar Panchayat Lalganj, District Raebareli and to ensure regular and proper cleaning and maintenance of the said drain so as to prevent recurrence of nuisance and public health hazards." 4. It is the case of the petitioner that the petitioner had earlier approached this Court by way of filing Writ-C No.3936 of 2022, which has been disposed of by this Court vide order dated 23.5.2022. 5. The contention raised by learned counsel for the petitioner is that Versus Counsel for Petitioner(s) : Ajay Sharma, Virendra Bahadur Singh Counsel for Respondent(s) : C.S.C., Girish Chandra Sinha Ravi Shankar Sharma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 5 Others .....Respondent(s) the petitioner had earlier approached this Court by way of filing Writ-C No.3936 of 2022 which has been disposed of by this Court vide order dated 23.5.2022 on a contention being raised by learned counsel for the Nagar Panchayat that there is a private dispute between the family of the petitioner and that of respondent no.5 in respect of land and the Naali which the petitioner wants to be removed, does not exists. The respondent no.5 deliberately put some garbage on such land only to harass the petitioner. 6. The court had observed that notwithstanding dismissal of the writ petition, appropriate remedy shall be available to the father of the petitioner in the pending suit, who may approach the court concerned by means of an application. The petitioner also prayed to the authorities of the Nagar Panchayat for removal of the garbage in question. 7. In pursuance of such order, the petitioner approached the Nagar Panchayat, Lalganj repeatedly for removal of such garbage but nothing has been done by respondent nos.3 and 4 and therefore this petition has been filed by the petitioner. 8. Learned counsel for the Nagar Panchayat on the basis of the instructions states that there is already a civil suit pending bearing Civil Suit No.305 of 2009 (Ravi Shanker Vs. Brij Kishore Trivedi and others ) and respondent nos.5 and 6 are the sons of respondent Brij Kishore Trivedi. The petitioner has prayed for permanent injunction against the defendant relating to obstructions raised by the defendants. 9. We are of the considered opinion that only because of the pendency of the civil suit no.305 of 2009, the respondent nos.3 and 4 cannot shirk from their responsibility of picking up of garbage wherever it is accumulated. 10. Learned counsel for the respondent nos.3 and 4 states that the respondent nos.5 and 6 have enclosed the garbage in their boundary wall and respondent Nagar Panchayat cannot enter into private property to clear the garbage. WRIC No. 9100 of 2025 2 11. The instructions sent by the Executive Officer dated 15.9.2025 admit that the civil suit although it is pending has no interim injunction against any party and it is also stated in the said instructions that they could certainly serve the public interest if the garbage is removed from near the house of the petitioner so that the sewage water can have unrestricted flow. 12. We are of the considered opinion that the petitioner can approach the S.D.M./ concerned Magistrate under Section 152 of the B.N.S.S. (earlier under Section 133 Cr.P.C.) by moving an appropriate application within a week from today. If such an application is moved, the Magistrate concerned shall consider the same and pass orders, thereon, within a period of three weeks, thereafter. 13. With the aforesaid directions, the petition is disposed of. September 16, 2025 Shukla WRIC No. 9100 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench