Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61677 (ALL)

MANOJ KUMAR v. STATE OF U.P. AND 9 OTHERS

WPIL/1370/2025 · 2025-05-22

J J Munir

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:88118 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1370 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Mohan Lal Pandey,Nishi Kant Chaturvedi,Sanjeev Mishra Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble J.J. Munir,J. 1. The petitioner challenges an order dated 17.06.2019 whereby the Sub-Divisional Magistrate directed as follows: "एस 0 ओ 0 उतररव यदद चकमररर कर अवररमन बरधधत न हह तह धसचरई हहतत अडरगरउअड परइप डरलनह पर कहई दवधधक बरधर न हह। ह 0 अ 0 17.6.19 सतय पदतधलदप" 2. Learned Counsel for the petitioner says that the Sub-Divisional Magistrate has no such power and we also think that this kind of a direction is odd, particularly, when it is directed to the Station House Officer. But, the effect of the order is that the underground pipeline has been laid under the chakmarg and the petitioner acknowledges that the chakmarg has not been obstructed or disturbed. 3. Therefore, in our opinion there is no good ground, now that the pipe has been laid out, to interfere with the order dated 19.06.2019. Any order made now, even if the Sub-Divisional Magistrate had no jurisdiction, would mean uprooting the pipeline, already laid down under the chakmarg. If the case was that the chakmarg has been rendered unusable, we would have thought of issuing appropriate directions to restore the chakmarg. 4. In the circumstances, we do not find any illegality in the order impugned. Nevertheless, we caution the Sub-Divisional Magistrate to be careful in future and ascertain, before passing any order, if he has authority or jurisdiction to pass the kind of order that he proposes. 5. Subject to the above remarks, this petition is disposed of. 6. Let this order be communicated to the Collector, Prayagraj and the Sub- Divisional Magistrate, Tehsil- Handia, District- Prayagraj through the learned Chief Judicial Magistrate, Allahabad by the Registrar (Compliance) by Monday i.e. 26.05.2025. Order Date :- 23.5.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad