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Allahabad High Court

MOHAMMAD KHALID AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court held that a PIL cannot be used to force the Nagar Palika Parishad to take a particular decision, and therefore dismissed the petition.

Summary

The petitioners filed a public‑interest litigation seeking a court direction to the State of Uttar Pradesh and the Nagar Palika Parishad to rename a road crossing and install a monument commemorating a Param Vir Chakra awardee. The Nagar Palika Parishad had already passed a resolution to change the crossing’s name and, after abandoning an Ashok‑light project, some members wanted a statue erected instead. The petitioners asked the court to compel the municipal body to decide in favour of the statue. The Court examined whether a PIL could be used to force a local authority to take a specific administrative action. It held that the decision on the crossing rests with the Nagar Palika Parishad and the court cannot intervene to dictate its choice. Consequently, the petition was dismissed.

Issues considered

  • Whether a public‑interest litigation can be entertained to compel a municipal authority to change the name of a crossing and install a monument.
  • Whether the High Court has jurisdiction to direct the decision‑making process of the Nagar Palika Parishad.

Subjects

  • public interest litigation
  • municipal authority
  • administrative discretion
  • Param Vir Chakra
  • monument installation
  • court jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    PUBLIC INTEREST LITIGATION (PIL) No. - 1167 of 2026

                                    Mohammad Khalid and another
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State of U.P. and 5 others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)          : Mohd. Ishraque Farooqui
                                    Counsel for Respondent(s)          : Jagdish Pathak, S.C., Atul Tej
                                                                         Kulshrestha, Chandra Pal, Shiv Kumar
                                                                         Singh

                                    Chief Justice's Court
                                                     HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                     HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. This petition purportedly in public interest has been filed by the
                                    petitioners seeking a direction to the respondent-authority to change the
                                    name of crossing and install a monument in the memory of a Parm Vir
                                    Chakra Awardee.

                                    2. A perusal of the record indicates that the Nagar Palika Parishad passed
                                    a resolution on 28.02.2026 for changing the name of the crossing.
                                    Whereafter, certain members of the Nagar Palika Parishad sought
                                    installation of statue at the said crossing instead of putting up Ashok light.

                                    3. From the record it appears that insofar as setting up of Ashok light is
                                    concerned, the said project has been abandoned, however, as to what is to
                                    be done at the said crossing, the decision has to be taken by Nagar Palika
                                    Parishad.

                                    4. Filing of PIL for the purpose of forcing the Nagar Palika Parishad to
                                    take decision in a particular manner, cannot be countenanced. The petition
                                    is, therefore, dismissed.



                                                                     (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    May 5, 2026
                                    Sandeep/Sazia




Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad


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