AKLESH KUMAR DWIVEDI Vs. STATE OF U P
LAWS(ALL)-2019-2-253
HIGH COURT OF ALLAHABAD
Decided on February 08,2019

Aklesh Kumar Dwivedi Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) This public interest litigation has been instituted by the petitioner for the following reliefs: "I) To issue a suitable writ, order or direction in the nature of Mandamus directing the respondent authorities to immediately remove the speed breakers from public road which runs from Babhnauti to Ismaila which is also connecting road to the National Highway. II) To issue a suitable writ, order or direction in the nature of mandamus directing the respondents to immediately issue directions to install the glow sign boards showing the warning signals so as to avoid the accident. III) To issue a suitable writ, order or direction in the nature of mandamus directing the District Magistrate of District Bhadohi to set up a team and hold an enquiry in the matter and also to take immediate action against the persons who have illegally constructed the speed breakers over the public road."
(2.) The petitioner is a farmer. He claims that he is also engaged in doing social work. His grievance is that on the link road to the National Highway which connects Babhnauti Ismaila to Sabalpur, some local residents have made speed breakers illegally and unauthorizedly. The said road belongs to Public Works Department1. These speed breakers have been raised without prior permission from the PWD and in original plan of the PWD in respect of said road there was no speed breaker. It is stated that said road does not cater any school or hospital hence the speed 1 the PWD breakers have been constructed without any justification. It is averred in the writ petition that a complaint has been made to the Executive Engineer, PWD but no action has been taken by the authority concerned. A representation has also been submitted to the District Magistrate in Janta Darbar which has also failed to elicit any response. The petitioner has brought on record some photographs of the speed breakers. The public interest litigation also highlights absence of any road sign indicating speed breakers. It is stated that two-wheelers are most prone to the accidents and a large number of accidents are taking place due to these unsigned speed breakers.
(3.) We have heard learned counsel for the petitioner and the learned Standing Counsel.;


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