Allahabad High Court
Krishna Murari Gupta vs State Of U.P. And 2 Others on 17 September, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 28481 of 2019 Petitioner :- Krishna Murari Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- C.S.C. Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1.Heard Sri Krishan Mishra, learned counsel for petitioner and learned A.G.A. for State.
2. Grievance of petitioner is that garbage is being stored by third persons in front of his house which is not being cleared by the authority concerned and in this regard petitioner has moved a representation dated 02.07.2019 for removing garbage but same has not been decided.
3. We find that this writ petition is thoroughly misconceived. Wherever there is a public nuisance, statutory remedy is provided under Section 133 Cr.P.C.
4. Admittedly, petitioner has not availed the aforesaid remedy. Supreme Court in Municipal Council, Ratlam vs Shri Vardhichand & Ors 1980 AIR 1622 has held that where-ever there is public nuisance, remedy under Section 133 Cr.P.C. is available.
4. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 17.9.2019 YK