Ali Asghar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9744 of 2018 ====================================================== 1.

Ali Asghar and Ors Son of Md. Ismail R/O Bodhgaya Bazar, P.S.- Bodhgaya, Dist-Gaya.

2.

Rajesh Kuamr Gupta son of late ShivnathSah R/O Mohalla- Pachhattia, P.S. Bodhgaya, Dist- Gaya.

3.

Kumar Abhisehk son of Satya Narayan Ray, resident mohalla Pachhatti, P.S. Bodhgaya, Dist- Gaya.

4.

Uma Shankar Prasad son of late Jagdish Prasad, resident of mohallaPachhatti, P.S.- Bodhgaya Dist- Gaya. 5.

Manoj Kumar son of late Keshari Sao, residnet of mohalla -Pachhatti, P.S.- Bodhgaya Dist- Gaya.

6.

Vicky Kumar son of late Vinesh Singh, resident of mohalla- Pachhatti, P.S.- Bodhgaya Dist- gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya.

3.

Senior Superintendent of Police, Gaya 4.

Sub-Divisional Officer, Sadar, Gaya 5.

The circile officer, Bodhgaya, Gaya 6.

The Officer In-Charge, Bodhgaya P.S.- Bodhgaya, Gaya. 7.

The Executive Officer Nagar Panchayat Bodhgaya, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bibhuti Narayan, Adv.

For the Respondent/s :

Mr.Pushkar Narayan Shahi -AAG 6 Mr. Ashok Kumar, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 15.5.2018 is listed for hearing for the first time today before the Court.

Patna High Court CWJC No.9744 of 2018(2) dt.06-01-2020 2/3 Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have prayed for the following relief/s: "for giving a direction to the four wheeler in the residential and commercial area in Bodhgaya town in the larger interest of the public at large and tourist abroad, as the life and liberty and livelihood of the public at large has been seized by the District Administration in connivance and local administration by putting a complete ban of plying from 20.2.2018 the four wheeler around 1 KM area of Mahabodhi Temple in residential and commercial area also due to which the business activities and the life and liberty enshrined under the constitution of India of the people at large of Bodhgaya has been snatched at the hands of district and local administration."

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a

Patna High Court CWJC No.9744 of 2018(2) dt.06-01-2020 3/3 period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U