D.F.Gandhi vs Administrator Nagar Mahapalika Allahabad and Others

Despite time having been granted to the Court to file a counteraffidavit on 8.8.1988, the petition remains unanswered. On behalf of the respondents no one is present However, Sri Ashok Mehta, learned Chief Standing Counsel of the Uttar Pradesh, has drawn attention of the Court to a decision of the Supreme Court which squarely covers the controversy in the present writ petition. He has also submitted that this decision is otherwise noticed by the Court in a leading case along with which this writ petition has been listed and this case has been noticed in the judgment in the leading case. The leading case is writ petition No. 3119 of 1987. The Supreme Court''s decision is reported in AIR 1995 Supreme Court 1147, The Municipal Board, Manglaw v. Mahadeoji Maharaj. In the circumstances the petitioner is entitled to the rule of mandamus that no facility may come on a public road or it''s side walk, like facilities to the nature of piyao and in this regard a handpipe is no different, and it cannot be installed on the sidewalks of public streets. The respondents would be well advised to remove it. Allowed with costs.