Shambhu Singh's Plea Dismissed; Court Affirms Public Pathway Obstruction Must Be Cleared
The Allahabad High Court has dismissed a petition filed by Shambhu Singh, challenging the orders of the Executive Magistrate and the Additional Sessions/Special Judge, SC/ST Act, Kushinagar, which directed the removal of an encroachment obstructing a public pathway. The Court emphasized the summary nature of proceedings under Section 133 of the Criminal Procedure Code (Cr.P.C.), which are designed to address imminent public nuisances.
The petitioner, Shambhu Singh, had argued that the construction in question was on his private property, established over thirty years ago following a family settlement. He claimed that the area was not used as a public pathway but merely for rainwater drainage. However, the High Court noted that Singh himself admitted the existence of a 2-feet wide street between the properties, used for rainwater flow, which could not be obstructed.
The Executive Magistrate, based on site inspections and reports from revenue authorities, ordered the removal of the obstruction. This decision was upheld by the Sessions Court and further reinforced by the High Court, which found no perversity or illegality in the orders. The High Court highlighted that under Article 227 of the Constitution, its supervisory jurisdiction should not be exercised like an appellate court to re-evaluate facts unless the decisions are grossly unreasonable.
The Court underscored the importance of maintaining public pathways clear of obstructions for the benefit of public usage and drainage systems, aligning with the statutory duties of Executive Magistrates under Section 133 Cr.P.C.
Bottom line:-
Proceedings under Section 133 Cr.P.C. are summary in nature and are meant to address imminent danger to public tranquility and peace. Executive Magistrates must ensure that reliable evidence is presented before proceeding further, and any obstruction in a public way or pathway must be removed if it impacts public usage or rainwater drainage.
Statutory provision(s): Section 133 Cr.P.C., Section 137 Cr.P.C., Section 138 Cr.P.C., Section 139 Cr.P.C., Section 140 Cr.P.C., Article 227 of the Constitution of India.
Shambhu Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2892812
