Kamakhya Narayan Pal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11586 of 2018 ====================================================== 1.

Kamakhya Narayan Pal S/o Ramnandan Pal 2.

Munka Devi W/o Mithilesh Pal 3.

Tetri Devi W/o Manu Pal 4.

Hemanti Devi W/o Uday Pal 5.

Arjun Pal S/o Late Amir Mahato 6.

Nomita Devi W/o Shambhu Pal 7.

Parvati Devi W/o Late Chandeshwar Prasad 8.

Kushmi Devi W/o Late Balmiki Pal All residents of Village- Sabnima, P.S.- Athmalgola, P.O.- Sabnima, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna 3.

The Collector-cum-District Magistrate, Patna 4.

The Additional Collector, Patna 5.

The Block Development Officer, Athmalgola, Patna 6.

The Circle Officer, Athmalgola, Patna 7.

Ashok Mahato S/o Late Devnandan Mahato 8.

Damodar Mahato S/o Late Banwari Mahato Both R/o Village- Sabnima, P.S.- Athmalgola, P.O.- Sabnima, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi- AAG-6 ====================================================== 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 petitioners and learned

Patna High Court CWJC No.11586 of 2018(2) dt.06-01-2020 2/3 counsel for the respondents.

Petitioners have prayed for the following relief: "For restraining the respondent authorities from demolishing the P.C.C. Road constructed over 700 ft. in Thana No. 130, Khata No. 321, Khesra No. 1040 since it is the only road connecting the main road from many houses in the village- Sabnima, P.S. Athmalgola in the District of Patna and the demolition of the same would disrupt the only connecting path of many villagers from their houses to the main road."

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 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.

Patna High Court CWJC No.11586 of 2018(2) dt.06-01-2020 3/3 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) P.K.P./- U