Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4599 of 2021 ====================================================== Sanjay Son of Late Harivansh Narayan Singh Tarun, Resident of MohallaBahadurpur, Ward No.26, P.O. and P.S.-Samastipur Town, DistrictSamastipur, PIn-848101, Mob. 9431898238. ... ... Petitioner/s

Versus

1.

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

The Commissioner Darbhanga Division 3.

The Collector, Samastipur.

4.

Zila Parishad, Samastipur (hrough its Executive Officer Cum Deputy Development Commissioner, Samastipur) 5.

The Circle officer, Jitwarpur, Samastipur.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate Mr. Surinder Kumar,Advovate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore (A.G.) Mr. Pramod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 26-05-2021 Heard the parties.

Petitioner has prayed for following relief(s):- "For issuance of a writ in the nature of mandamus commanding/restraining the respondent authorities particularly respondent no. 4 not to make the life of the people of Samastipur Town More pitiable by creating obstruction in smooth drainage-discharge of sewerage water/rain water and smooth flow of traffic particularly in densely populated area situated near old

Patna High Court CWJC No.4599 of 2021 dt.26-05-2021 2/3 Durga Asthan Chowk to Malgodam Chowk. Upon which the Zila Parishad is bent upon to raise a market complex on the land specifically marked for road and nala in Govt. records in connivance of the local influential people and further commanding the respondent no. 5 to produce the records of the land of Khata No. 55, Khesra No. 231 and/or pass any other order or orders which may be deemed fit and proper in the fact and circumstances of the case."

After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 3 Collector, Samastipur, to consider and decide the representation with respect to grievances raised in such representation. Learned counsel for the respondent states that if such representation is filed before the respondent no. 3 Collector, Samastipur, same shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law.

Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent

Patna High Court CWJC No.4599 of 2021 dt.26-05-2021 3/3 cause of action.

The writ petition is accordingly, disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA