# Anurag Misra v. State of U.P. & Ors

- **Citation:** (2015) 3 ILRA 1388
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2015-11-19
- **Case number:** C.M.W.P. (PIL) No. 58620 of 2015
- **Bench:** Dr. Dhananjaya Yeshwant Chandrachud, C.J. Yashwant Varma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/anurag-misra-v-state-of-u-p-ors-43329
- **Pages:** 4

## Headnote

Constitution of India, Art.-226-(PIL)-
Manufacture, sale and use of Chinese
Manjha-a metallic/nylon yarn-coat of
crushed glass-makes it rajor sharpharmonious to human being animal and
birds-Principal
Secretary
to
pass
necessary
direction-imposing
banpetition disposed of.
Held: Para-8
We clarify that by this order we are not
imposing any ban on the flying of kites but
are issuing necessary directions so that
such material which causes grave danger to
human beings, animals and birds as the
petitioner has highlighted is not used. The
danger and problem is not confined to
Allahabad. Apart from the district of
Allahabad, if the Principal Secretary (Home)
shall
issue
a
communication
to
the
Collectors
of
each
district
containing
directions in implementation of this order.
The directions contained in this order are
not intended to be an exhaustive catalogue.
The State Government shall adopt all
appropriate
steps
for
enforcement
in
accordance with law, including necessary
steps to prohibit manufacture, use and sale
of
"Chinese
Manjha"
in
any
form
whatsoever.

## Text

1388
 INDIAN LAW REPORTS ALLAHABAD SERIES
32. This contention is repelled in
view of the foregoing discussion in Writ
Petition No. 56524 of 2015.
33. This writ petition is also liable to be
allowed and the order dated 05.10.2015
passed by the respondent no. 1 is liable to be
quashed and the matter deserves to be
remanded back for a fresh decision, to be
passed after summoning and perusing the
lower court record and after hearing all
concerned.
34.
The writ petition no. 56524 of
2015 is allowed in part. The order dated
05.10.2015 insofar as it relates to Revision
Nos. 1686 and 1688 is set aside. This order
will not apply to revision no. 1687 which has
been dismissed vide the order impugned.
35. The writ petition no. 59549 of
2015 is also allowed and the order dated
05.10.2015 is set aside.
36. Both the matters are accordingly
remanded back for passing fresh orders
after
summoning
and
perusing
the
respective lower court records and after
hearing all concerned.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.11.2015
BEFORE
THE HON'BLE DR. DHANANJAYA YESHWANT
CHANDRACHUD, C.J.
THE HON'BLE YASHWANT VARMA, J.
C.M.W.P. (PIL) No. 58620 of 2015
Anurag Misra
 ...Petitioner
Versus
State of U.P. & Ors.
...Respondents
Counsel for the Petitioner:
Sri Yogesh Mishra
Counsel for the Respondents:
C.S.C.
Constitution of India, Art.-226-(PIL)-
Manufacture, sale and use of Chinese
Manjha-a metallic/nylon yarn-coat of
crushed glass-makes it rajor sharpharmonious to human being animal and
birds-Principal
Secretary
to
pass
necessary
direction-imposing
banpetition disposed of.
Held: Para-8
We clarify that by this order we are not
imposing any ban on the flying of kites but
are issuing necessary directions so that
such material which causes grave danger to
human beings, animals and birds as the
petitioner has highlighted is not used. The
danger and problem is not confined to
Allahabad. Apart from the district of
Allahabad, if the Principal Secretary (Home)
shall
issue
a
communication
to
the
Collectors
of
each
district
containing
directions in implementation of this order.
The directions contained in this order are
not intended to be an exhaustive catalogue.
The State Government shall adopt all
appropriate
steps
for
enforcement
in
accordance with law, including necessary
steps to prohibit manufacture, use and sale
of
"Chinese
Manjha"
in
any
form
whatsoever.
(Delivered by Hon'ble Dr. Dhananjaya
Yeshwant Chandrachud, C.J.)
1. The petition has been instituted as a
public interest litigation to highlight the
serious dangers to public safety that are being
caused by the use of "Chinese Manjha" as an
appendage to kites. The string or Manjha, it
is stated, is made of metallic/nylon yarn with
an abrasive coat of crushed glass gummed on
it which makes it razor sharp. As a result,
serious injuries are liable to be caused and
are being caused. The petitioner initially
relied upon a report published in the daily
newspaper 'Hindustan' dated 25 September
2015 which indicated that a death had been
3 All]
 Anurag Misra Vs. State of U.P. & Ors.
1389
caused as a result of an accident due to the
kite string. The kite string is also known to
cause grievous injuries to birds.
2. The petitioner has, broadly,
sought three reliefs:
(i) A prohibition on the manufacture
or sale of the string;
(ii) Designation of areas for the
flying of kites which would obviate
dangers to public safety; and
(iii) Treatment of persons who are
injured.
3. By the order of this Court dated 14
October 2014, the Collector and District
Magistrate was directed to look into the
matter and formulate steps to be taken to
curb incidents such as those which are
highlighted in the petition. In the meantime,
a direction was issued to initiate steps to
spread awareness among of the inherent
danger involved, to prevent the use of
Chinese Manjha and to adopt suitable
measures to prevent accidents. In response,
the Collector and District Magistrate states
that the Commissioner, Allahabad Division,
in pursuance of a representation which was
received by him, directed the District
Magistrate by a letter dated 29 September
2015 to take necessary action. After taking a
legal opinion from the Joint Director of
Prosecution on 9 October 2015, the
Additional District Magistrate (City) issued
an order on 5 November 2015 under Section
144 of the Code of Criminal Procedure
Code, 1973 prohibiting the sale and use of
"Chinese Manjha" in the entire city of
Allahabad. Moreover, it has been stated that
a joint team of executive magistrates and
police officers have made surprise raids on
various shops where such material is being
sold and the material found in such raids has
been
confiscated.
The
District
Administration, the Court has been informed,
is taking all possible steps to prevent the sale
and use of "Chinese Manjha" to prevent any
such incident in future.
4. The seriousness of the problem is
apparent from the fact that even after
passing of the order of this Court dated 14
October 2015, incidents have been
reported in the print media about deaths
and injuries which have been sustained as
a result of contact with the offending
Manjha strings. For instance, the learned
counsel appearing on behalf of the
petitioner has placed on the record a copy
of a report dated 20 October
2015
contained
in
the
daily
edition
of
'Hindustan' which indicates that a man
aged about 44 years sustained grievous
injuries on the neck near the Iskon
Temple as a result of an accident was
caused due to injuries sustained from the
Manjha string. Similarly, there is a report
in the daily newspaper 'Dainik Jagran'
dated 15 November 2015 stating that a
young child has sustained serious injuries
on the nose due to an accident sustained
through contact with "Chinese Manjha".
Various other news items have been
placed for the perusal of the Court. These
include a report published in 'Amar Ujala'
dated 28 October 2015 in its Allahabad
edition. There is also a subsequent report
dated 21 October 2015 in the daily
'Hindustan'.
5. We are conscious of the
limitations on the evidentiary value of
such newspaper reports. However, having
due regard to the element of public
interest involved, we are of the view that
the matter is serious enough to warrant
appropriate
action
by
the
District
Administration as we shall now indicate,
at a wider state level, since the problem
1390
 INDIAN LAW REPORTS ALLAHABAD SERIES
may not be only confined to the city of
Allahabad. The affidavit which has been
relied upon by the District Administration
contains a complaint which was submitted
to the Commissioner, Allahabad Division.
The complaint contains a summary of
other incidents which have taken place in
the past involving deaths of human beings
and grievous injuries to birds as well. The
representation
indicates
that
in
the
preparation of the "Chinese Manjha", the
use of iron and glass pieces is resorted to
on plastic (instead of the use of
conventional thread) which renders the
Manjha extremely potent and capable of
causing serious injuries.
6.
In our view, the issue must be
tackled not only by making sporadic raids,
as has been done by the District
Administration but first and and foremost,
steps must be taken by the authorities to
ensure that there is a complete prohibition
on the manufacture of "Chinese Manjha" at
a statewide level. Where any such
activities are found to be carried out
illegally, necessary enforcement action
should be taken in respect of such
establishments and for seizing all material.
Secondly, a sustained awareness and
publicity campaign should be carried out
so as to ensure that members of the public,
particularly the younger generation which
indulges in the sport of flying kites
particularly in and around the 'Makar
Sankranti' festival is made conscious of the
dangers involved. This should be ensured
by carrying out a sustained publicity
campaign, in the print and electronic media
and by utilizing the social media to
propagate public service messages.
7. The petitioner prays that wherever
possible, it would be appropriate to
designate specified places for flying kites
so as to reduce the possibility of the
danger involved. We are conscious of the
fact that the sport of flying kites takes
place across localities and even on the
terraces of residential houses and there
may be limitations on the power of the
District administration to enforce such a
regulation as sought, however desirable.
The District administration may look into
this aspect about designating one or more
places during the Sankranti festival. We
leave this to the District Magistrate to
decide. Hence, we are of the view that
basically the issue which needs to be
addressed is in regard to prohibiting the
manufacture, sale and use of material
which is liable to pose a danger to human
health and to birds and animals by the use
of the "Chinese Manjha".
8. We clarify that by this order we are
not imposing any ban on the flying of kites
but are issuing necessary directions so that
such material which causes grave danger to
human beings, animals and birds as the
petitioner has highlighted is not used. The
danger and problem is not confined to
Allahabad. Apart from the district of
Allahabad, if the Principal Secretary
(Home) shall issue a communication to the
Collectors of each district containing
directions in implementation of this order.
The directions contained in this order are
not intended to be an exhaustive catalogue.
The State Government shall adopt all
appropriate steps for enforcement in
accordance with law, including necessary
steps to prohibit manufacture, use and sale
of
"Chinese
Manjha"
in
any
form
whatsoever.
9. The petition is, accordingly,
disposed of. There shall be no order as to
costs.
--------
3 All] Dilip Kumar Shukla & Ors. Vs. State of U.P. & Ors.
1391
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.11.2015
BEFORE
THE HON'BLE MAHESH CHANDRA TRIPATHI, J.
Writ-A No. 59355 of 2012
connected with
Writ-A No. 60075 of 2012 and Writ-A No.
66199 of 2012
Dilip Kumar Shukla & Ors. ...Petitioners
Versus
State of U.P. & Ors.
...Respondents
Counsel for the Petitioner:
Sri Ashok Khare, Sri Siddharth Khare, Sri
Nisheeth Yadav
Counsel for the Respondents:
C.S.C.
Group 'D' Employees Service Rules 1985Rule 19 (2), (3) and (4)-Dismissal of class
4th employee-non payment of salary-on
ground select list bears signature of
chairman of committee-other two members
not
signed-held-in
absence
of
such
requirement in absence of corrupt practices
or selection made under influence of
money-entire
selection
can
not
be
canceled-the
other
ground
regarding
direction of High Court to absorb the
retrenched employee of State Cement
Corporation-not available as almost every
petitioner the petitions in that writ petition
have been already accommodate any where
else and getting salary-held-dismissal order
illegal-direction for salary given.
Held: Para-27
In the matter, the marks were awarded
by all the three members separately. The
respondents have not brought on record
to indicate or suggest that there is any
provision of signing final select list by all
the
members
of
the
Selection
Committee. Neither at the time of
enquiry nor in the counter affidavit any
irregularity
or
infirmity
has
been
indicated by the respondents to suggest
that
the
members
of
the
Selection
Committee had not awarded the marks
independently. The final list was prepared
by the Appointing Authority based upon the
marks awarded by the Selection Committee
and as such it does not contravene any
clause of the Rules of 1985. While passing
the impugned order, nothing has been
averred to indicate that while finalising the
select list by the Chairman, the marks
awarded by two other members, have been
manoeuvred or marks have been increased
or decreased and as per her own whims and
fancies the final select list had been
prepared.
Case Law discussed:
[2009 (3) ADJ 42]; AIR 1970 SC 1269; 1992
AIR SC 952; AIR 1994 SC 2166; AIR 2001 SC
2196; 2002 AIR SC, 1119; (2005) 6 SCC 149;
AIR 2006 SC 2571; AIR 2002 SC 1119
(Delivered by Hon'ble Mahesh Chandra
Tripathi, J.)
1. Heard Shri Ashok Khare, learned
Senior Counsel assisted by Shri Siddharth
Khare and Shri Nisheeth Yadav, learned
counsel for the petitioners. Shri H.C.
Pathak, learned Standing Counsel appears
for the respondents.
2. As the controversy involved in all
the writ petitions are similar, they are
being decided by this common judgment.
3. The facts of Writ Petition
No.59355 of 2012 are being taken as
leading case for deciding the writ
petitions.
4. By means of present writ petition,
the petitioners have prayed for following
reliefs:-
"(a) a writ, order or direction in the
nature
of
certiorari
quashing
the