Allahabad High Court
Daya Chand Tyagi vs State Of U.P. And 19 Others on 24 September, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 30833 of 2019 Petitioner :- Daya Chand Tyagi Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- C.S.C.,Mahesh Narain Singh Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri Raj Kumar Kesari, learned counsel for petitioner and learned Standing Counsel for State.
2. This is thoroughly misconceived and ill-advised writ petition. Petitioner is seeking a mandamus commanding respondents to ensure proper drainage of village Mohammadpur, Azampur, Hapur for protection of house of petitioner and other villagers house.
3. We find that 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 if there is public nuisance, remedy under Section 133 Cr.P.C. is available.
5. Writ petition is dismissed on the ground of alternative remedy Order Date :- 24.9.2019 YK