______________________________________________________ vs State Of H.P. & Ors
2023 Latest Caselaw 17392 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                              CWPIL No.26 of 2023




                                                                         .
                              Decided on: 2nd November, 2023





    ______________________________________________________
    Nagender Gupta                              .....Petitioner
                                      Versus





    State of H.P. & Ors.                      ...Respondents
    _______________________________________________________
    Coram





    The Hon'ble Mr. Justice M. S. Ramachandra Rao, Chief Justice
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1
     Whether approved for reporting?
    _____________________________________________________

    For the petitioner:        Mr. Javed Khan, Advocate.

    For the respondents:                  Mr. Anup Rattan, Advocate General with
                                          Mr. Rakesh Dhaulta & Mr. Pranay Pratap
                                          Singh, Additional Advocates General and


                                          Mr. Arsh Rattan & Mr. Sidharath Jalta,
                                          Deputy     Advocates    General,     for
                                          respondents No.1 and 2.




                                          Mr. Naresh K. Gupta and Mr. Mukul
                                          Sood, Advocates, for respondents no. 3





                                          and 4.





    M.S.Ramachandra Rao, Chief Justice (Oral)

In this PIL, the petitioner seeks reduction and

reconstruction of pedestrian path from Auckland to R.K.M.V. College

Whether reporters of Local Papers may be allowed to see the judgment?

and fixing the same as 4.5 feet.

2. Though the reply has been filed by the respondents

.

opposing the claim of the petitioner, prima-facie we are of the opinion

that how much should be the width of pedestrian path in a street in

Shimla town, is something for the authorities like Municipal

Corporation, Shimla to determine and it is not the province of this

Court to enter into said arena as it would open a Pandora's box,

seeking similar interventions either for widening or reducing the

existing pathways in the city of Shimla or in other cities. Therefore,

we are not inclined to entertain this PIL. Accordingly, this PIL is

dismissed.

3. The pending miscellaneous application(s), if any, also

stand dismissed.

                                               (M. S. Ramachandra Rao)
                                                    Chief Justice





                                                     (Jyotsna Rewal Dua)
    November 2, 2023                                     Judge
         R.Atal