Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20689 of 2018 ====================================================== Kiran Devi, wife of Ranjit Choudhary, resident of Ward No. 05, VillageManjholia, P.S. Sakra, District-Muzaffarpur. ... ... Petitioner
Versus
1. The State of Bihar through The Chief Secretary, Government of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, Muzaffarpur.
4. The S.D.O., East, Muzaffarpur.
5. The Circle Officer, Sakra, Muzaffarpur.
6. The Deputy Collector, Land Reforms, Muzaffarpur.
7. Manoj Sah, Son of Bharat Prasad Sah, resident of Village- Majhaulia, P.S. Sakra, District-Muzaffarpur.
8. Ram Lakhan Prasad, Son of Late Jai Lal Singh, resident of Village-Ali Sarai, P.S. Sakra, District-Muzaffarpur.
9. The Mukhiya, Gram Panchayat Raj, Manjholia, Sakra, Muzaffarpur. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr.Rakesh Kumar Sharma, Advocate.
For the Respondents :
Mr.Md.Khurshid Alam, A.A.G. 12.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The following reliefs have been sought for by the petitioner in the present writ application.
"1. That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities especially respondent nos. 3 and 5 for making provision for link road from Ward No. 5, Village- Manjholia to connecting main road connecting Sujawalpur Chowk to Railway Station. However, after a Panchayati, matter was resolved to the extent that all persons having land besides
Patna High Court CWJC No.20689 of 2018(2) dt.01-02-2019 2/3 the link road agreed to leave land measuring 3 feet on both the flanks.
However, private respondent no. 7, subsequently, retracted from such assurance and since his land situated at the flank of the main road and resultantly due to his disagreement whole scheme of widening of the village path from one feet to six feet has been hindered though petitioner and other residents of Ward No.
5, Village- Manjholia requested the respondent authorities for their intervention but no action has been taken.
Petitioner further seeks Hon'ble Court's indulgence commanding the respondents District Magistrate, Circle Officer, D.C.L.R. and other local authorities to intervene in the matter for making provision for widening of the one feet Gali to six feet as all the raiyati land holder agreed to spare three feets of land for passage/road so that passage may be widened upto six feet but only due to respondent no. 7 whole scheme of widening of path has been trapped in a doldrum. Alternatively, petitioner seeks Hon'ble Court's indulgence commanding the respondent authority to take proper steps pursuant to representation filed by petitioner and other inhabitants of Ward No. 5 of Village- Manjholia for making proper engrace and outgrace from their respective residential unit to main road by taking necessary steps.''
Considering the reliefs as sought for by the petitioner, the petitioner is directed to file a representation before the respondent no. 3 i.e., The District Magistrate, Muzaffarpur, for redressal of her grievance within a period of one month from today. The respondent no. 3 i.e., the District Magistrate,
Patna High Court CWJC No.20689 of 2018(2) dt.01-02-2019 3/3 Muzaffarpur, shall consider the representation of the petitioner and pass an appropriate order in accordance with law, after hearing all necessary parties, within a period of six months from the date of filing of such representation.
With the aforesaid observations and directions, the present writ application stands disposed of.
(Sudhir Singh, J) U.K./- U