AI Structured Summary
Not yet generated for this judgment
Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The present CRLMP has been filed seeking the following relief;
“The petitioner, therefore, prays that in view of submissions made above your Lordship's would graciously be pleased enough to admit the writ application and by utilizing the original jurisdiction under Article-226/ 227 of the Constitution of India and
a) In the nature of mandamus commanding upon the opposite party authorities to execute the order dated 07.07.2023 passed by ADCP-cum-Executive Magistrate, and by removing the obstructions/ nuisances created by the private OP No. 8 & 9. Also the authorities may be called for their negligence in their respective duties to check and prohibit the opposite party No. 8 & 9 from creating the nuisance by obstructing on the scheduled road/ drain which is causing water logging and artificial urban flood in the locality.
b) Alternatively direct the ADCP-cum- Executive Magistrate, the OP No.6, to accept the petition for execution of his own order U/s- 141 of Cr.PC in furtherance to remove all obstructions/ nuisances from the drain/road.
And
Any other appropriate writ(s) be issued, order(s) be passed or direction(s) be made as may be deemed fit and proper for doing conscionable justice to the present petitioner under the supervision of this Hon'ble Court to prevail the justice. xxx xxx xxx”
Considering the nature of the grievance, this Court is of the considered view that this is not a fit case for exercise of plenary jurisdiction under Article 226 of the Constitution of India. It shall be open to the Petitioner to pursue the remedy available to him in Cr.P.C.
With such observation, the CRLMP stands disposed of.
……………………………….