Sanjay Kumar v. The State Of Bihar (And ORS)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.996 of 2019 ====================================================== Sanjay Kumar, Son of Rajeshwar Ray, Resident of Ward No. 14, Dighi Kala East, Dighi Kala, P.S. Hazipur Town, District- Vaishali. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Vaishali at Hazipur. 3.

The Sub-Divisional Officer, Sadar, Hazipur.

4.

The Project Director, National Highway Authority, Vaishali, Hazipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Sinha, Adv.

For the Respondents :

Mr. Anjani Kumar, AAG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 10.01.2019 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 reliefs: "(i) For issuance of necessary direction upon the respondent authorities to reallocate the memorial of Smt. Indira Gandhi at adjacent place near the Ramashish Chowk at Hazipur instead of shifting it to a temple.

(ii) For holding that when public land is available at adjacent to the Ramashish Chock at Hazipur, the respondents are wrongly trying to shift the memorial

Patna High Court CWJC No.996 of 2019(2) dt.07-01-2020 2/3 to a distant location in a temple, which is also being opposed the local residents.

(iii) For restraining the respondents from shifting the memorial during the pendency of this writ application."

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.996 of 2019(2) dt.07-01-2020 3/3 (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U