Rajendra Prasad Deoli v. Govt. Of NCT Of Delhi & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12870/2024 and CM APPL. 53700-53701/2024 RAJENDRA PRASAD DEOLI .....Petitioner Through:

Mr. Umesh Chandra Sharma, Mr.

Munish Kumar Gaur, Mr. Peeyush Kaushik, Advocates.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Vaishali Gupta, Panel Counsel (CIVIL ) / GNCTD Mr. Badar Mahmood, SC for MCD with Mr. Ammar Ahmad, Advocate.

Mr Balendu Shekhar CGSC with Mr Krishna Chaitanya and Mr Divyansh Singh Dev Advs for R-3.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 21.01.2026 1.

The nature of the grievance raised by the petitioner herein would clearly fall within the definition of public nuisance. 2.

Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) empowers the District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence. The same is also the view taken by this Court in the case titled as Sh. Nilabh Sharma vs. Municipal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Corporation of Delhi Through its Deputy Commissioner, South Zone & Anr. in W.P.(C) 11400/2024 dated 20.08.2024. The Court has taken into consideration the erstwhile provisions of the Cr.P.C. pari material to Sectio 152, which were in Section 133.

3.

The decisions of the Supreme Court in the case of Ratlam v. Vardichan1, Gobind Singh v. Shanti Sarup2, Vipan Kumar v. State of Punjab3, Ajeet Mehta v. State of Rajasthan4, Gunturi Varalakshmi vs. State of A.P.5 and Surender Kumar Sood v. MCD6 were also considered. In paragraph no.14 of the order dated 20.08.2024, the Court has held as under:- "14. It is thus discernible from the aforesaid discussion that the concerned magistrate under Section 152 of BNSS, 2023 has the power to remove public nuisance in circumstances which warrant exercise of such powers. Therefore, in the instant case, the petitioner can duly approach the magistrate to ventilate his grievance rather than directly invoking writ jurisdiction under Article 226 of the Constitution of India." 4.

In view of the aforesaid, let the petitioner to approach the jurisdictional Magistrate by way of proper application and to impress upon the said authority to exercise its power under Section 152 of the BNSS, 2023.

5.

On receipt of such an application, let the concerned authority to undertake necessary exercise as required in law and to take the issue to its logical conclusion with due expedition.

6.

If the grievance of the petitioner is not fully mitigated thereafter, he shall be at liberty to take appropriate recourse in accordance with law. 1 (1980) 4 SCC 162 2 (1979) 2 SCC 267 3 2017 SCC OnLine P&H 3420 4 1990 Cri LJ 1956 (Raj) 5 2017 SCC OnLine Hyd 290 6 2006 SCC OnLine Del 158 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

With the aforesaid observations, the instant petition stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J JANUARY 21, 2026 Nc/ ksr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.