• Blocking of our raod

Our road have been blocked by police men as some festival is going on in near by temple. These ppl block the road very often and there is no way to reach our showroom . Can any temple committee/ police department block the roads for many days due to this reason( temple festivals ) ? Please help me out
Asked 4 years ago in Constitutional Law

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15 Answers

1. No, this cannot be done if there is no alternative for the residents to reach their house/business establishments.

2. A Writ Petition may be filed by any of the aggrieved residents in the High Court against police to seek directions to remove the barricades forthwith,

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

Public access to roads and their houses institutions and places of business cannot be blocked by any private person or even the govt authority without any reasonable cause.

The functions going on in the temple... marriage or pooja or any other functions which require huge public participation cannot be allowed without proper permission and authorisation.

File a complaint with the police and the municipal department. Also file an rti asking them to show whether any permission was taken from them before hosting such a function. If not then ask the police to do the needful.

A PIL can also be filed stating that this illegality is being done every year.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Hi, it is advisable to file a complaint at district administrator ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Law enforcement agencies like Police can only set up roadblocks for “special needs, beyond the normal need for law enforcement, but if people are facing difficulty in reaching their office/residence, it is deemed as unnecessary and hence, illegal.

So, you can approach High Court by way of a writ of mandamus directing the police officials to remove the necessary road blocks as it is causing great obstruction to the people who are own their shops in the said area. You can also which was the leave of the court to issue detailed guidelines to police they want to setup roadblocks anywhere in your state in future.

Regards.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Client,

No dept can block the roads.

You should file representation to Collector and area MLA.

No action on your grievance, file writ in High Court,

In the name religious procession sate cannot clogged the vehicular and pedestrian moment.

Occupying more than one-fourth of the width of the road for procession and procession is taken out before 11 am and after 5 pm is violation of code prescribed for such events.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File writ petition and seek court orders to direct police to unblock your road as there is no other access to your showroom

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Complain to Police and muncipal corporation

2) if no action taken file writ against corporation, police refusal to remove blockage in road

3) also make utsav committee party to writ filed by you

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You can make both of them as a concerned party in the writ petition.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Against state, writ will be filed. As already said, no dept has has such right to obstruct road.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The temple cannot do anything which is a public place without sanctions of the appropriate authority.file a WP making the municipal corporation temple committee and the ministry of urban development as partis.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

You right to movement can not be curtailed. File a writ of mandamus in the HC under article 226 of the Constitution of India.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should mainly file the same Against state government and make police and other committees as prty to the writ.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. You can approach the Civil Court and file a suit;

2. You have all the easementary rights over the property;

3. Since the only entrance to your shop is that one path therefore you can ask for favourable orders from the court;

4. You also have a chance to plead as Writ Petition by claiming right to practice profession being disrupted;

5. Take legal steps to avoid any quarreling with the police department.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If you are aggrieved over the this blockade then you may approach the concerned civic authorities for remedies.

After exhausting the remedy, you may approach high court with a writ petition seeking permanent stay on all such activities which hamper your business and routine life.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

can any temple or organization build lighting structures with bamboo sticks on the road for a long period? here there is utsav committee who does this , block roads with help of departments for nearly 30 days . they collect huge money from the hawkers daily during this period . on whom should i file the Writ petition ? On the police dept or the utsav committee?

You can file a writ petition against the local civic body, temple authorities and the police as opponent parties while seeking remedy.

The court may be requested to direct the police to provide security to you besides clearing your pathway.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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