Binod Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13555 of 2017 =========================================================== Binod Kumar Singh, S/o Late Mahendra Prasad Singh, Resident of Village + PostMaheshwara, P.S. Gaighat, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Disaster Management Department, Bihar, Patna.

2. The Principal Secretary, Water Resources Development Department, Bihar, Patna.

3. The District Magistrate, Muzaffarpur.

4. The Chief Engineer, Water Resources Development Department, Muzaffarpur.

5. The Block Development Officer, Gaighat, Muzaffarpur.

6. The Circle Officer, Gaighat, Muzaffarpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Advocate Mr. Raju Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 Mr. Amit Kumar Jha, AC to AAG-4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 14-11-2017 In the matter of construction of an embankment on river Bagmati inter alia contending that the work of construction has been stalled and no action is being taken, the writ petition has been filed.

From the counter affidavit filed by the State Government, it is seen that in the matter of construction of embankment, two groups have been created, one in favour of the construction and the other opposing the construction on various grounds.

Patna High Court CWJC No.13555 of 2017 dt.14-11-2017 2/2 Faced with the aforesaid situation, the counter affidavit filed by the State Government goes to show that a committee has been constituted to look into the matter and resolve the issue and, taking note of the nature of dispute, we are not inclined to exercise the extra jurisdiction under Article 226 of the Constitution in this PIL. The petitioner may take up the matter to the Administrative authority who shall resolve the issue after discussion. The issue involved in the matter cannot be agitated in a petition under Article 226 of the Constitution.

With the aforesaid observation, we dispose of the matter.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.11.2017 Transmission Date NA