Radhe Shyam Singh @ Radhe Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.37 of 2024 In Civil Writ Jurisdiction Case No.1943 of 2023 ====================================================== Radhe Shyam Singh @ Radhe Shyam S/o Late Nawal Kishore Sharma @ Nawal Singh, R/o Village Jagmal Bigha, Block Khusrupur, P.s. Khusrupur, Dist. Patna.

... ... Appellant/s

Versus

1.

The State of Bihar through The District Magistrate, Patna. 2.

The District Magistrate, Patna, District-Patna. 3.

The Deputy Development Commissioner, Patna, Vikas Bhavan, District Collectorate, Gandhi Maidan, District-Patna.

4.

The Block Developmnet Officer, Khushrupur, Block Khushrupur, DistrictPatna. 5.

The Circle Officer (C.O.), Block Khushrupur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shiv Pratap, Advocate For the Respondent/s :

Mr. AC to AAG-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 11-02-2025 We have heard the learned counsel for the parties.

2. The appellant is aggrieved by the order of

Patna High Court L.P.A No.37 of 2024 dt.11-02-2025 2/3 the learned Single Judge dated 30.11.2023 passed in C.W.J.C. No. 1943 of 2023, whereby the prayer made on behalf of the appellant for holding the construction of the Garbage House/Waste Processing Unit to be illegal, was rejected.

3. It appears that a Garbage House/Waste Processing Unit had been set up at a place, which, accordingly to the appellant, disturbed his free access to the main road.

4. The learned Single Judge found that it was not constructed on the Rayati land of the appellant and that the construction is complete in all aspects.

5. Nobody could deny the necessity of civic rights of people, which essentially includes collection of garbage at one place and processing and segregating it for its easy disposal.

6. The records also reveal that the enquiry in this matter reflected that the appellant's access to the main road has not been disturbed and he has free

Patna High Court L.P.A No.37 of 2024 dt.11-02-2025 3/3 access from both sides of the construction.

7. There is no merit in this appeal and, accordingly, it is dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Manoj/Praveen-II AFR/NAFR NAFR CAV DATE NA Uploading Date 12.02.2025 Transmission Date NA