Deepak Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15591 of 2016 ====================================================== Deepak Kumar, son of Late Kedar Nath Singh, resident of S.D.O. Road, P.S. & Town Hajipur, District-Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development & Housing Govt. of Bihar, Patna.
2. The District Magistrate, Vaishali at Hazipur.
3. The Nagar Parishad, Hajipur through its Executive officer, Hajipur, District Vaishali.
4. The Executive Officer, Nagar Parishad, Hajipur, District Vaishali.
5. District Urban Development Agency, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan No.1, Advocate Mr. Shakti Suman Kumar, Advocate For the State :
Mr. Rakesh Ambastha, AC to AAG-7 For the Nagar Parishad :
Mr. Kumar Manish, Advocate Mr. Madan Mohan Pallavi Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2018 In view of the remedial measures taken by the Nagar Parishad, Hajipur in the matter of removing the defects in the construction of the road and the drains in question, for the present, no further action is required to be taken. However, the Nagar Parishad shall ensure that the road is maintained in such a manner that it does not create impediment in the free flow of water and the material through the drainage in question and the drainage is not obstructed causing public inconvenience and difficulties to the public at large. The functioning of the drainage should be maintained in a manner so as to ensure that it
Patna High Court CWJC No.15591 of 2016(15) dt.23-03-2018 2/2 does not cause water logging on the road and the area in question. In the case, the Nagar Parishad does not maintain the road and the drain properly, liberty shall be available to the petitioner to bring this fact to the notice of this Court and the Court may think taking action against the respondents. The Nagar Parishad shall ensure that the road and the drainage are maintained in such a manner that obstruction of the drainage does not occur in future.
With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( S. Kumar, J) Sunil/- U