Dr. Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11603 of 2018 ====================================================== Dr. Sanjay Kumar, son of Shri Devendra Prasad Verma, Resident of Mohalla - Akharaghat, Shekhpur, Gayatri Nagar, Lane No. 2, P.S. - Ahiyapur, Distt. - Muzaffarpur.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate-cum-Collector, Muzaffarpur. 3.

The District Planning Officer, Muzaffarpur.

4.

The Sub-Divisional Officer, Muzaffarpur (East). 5.

The Executive Engineer, Local Area Engineering Organization, Works Division - 01, Muzaffarpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pandey Bipul Kumar, Adv.

For the Respondents :

Mr. Anjani Kumar, AAG-4 ====================================================== 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 22.06.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "For issuance of appropriate writ/writs directing the respondents and the concerned authorities to stop construction of P.C.C. Cemented Rod by raising height of the existing public road passing through Akharaghat Shekhpur Lane No. 02, Gayatri Nagar, P.S.- Ahiyapur, District-Muzaffarpur and allow its

Patna High Court CWJC No.11603 of 2018(2) dt.06-01-2020 2/3 construction only without raising its height. This road is going to be constructed by the District Planning Department above the existing road which will raise its height substantially causing inconvenience and hardship to the residents of the locality."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner 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 period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes 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.

Patna High Court CWJC No.11603 of 2018(2) dt.06-01-2020 3/3 (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) P.K.P./- U