Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4243 of 2023 ====================================================== Umesh Kumar son of Birendra Prasad Sah, Resident of Masud Bigaha, Barh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Additional Chief Secretary, Urban Development Department, Government of Bihar, Patna.

3.

The Executive Officer, Nagar Parishad, Barh, Patna. 4.

The District Magistrate, Patna.

5.

The Sub Divisional Magistrate, Barh, Patna.

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

For the Petitioner/s :

Dr.Anand Kumar, Adv.

For the Respondent/s :

Mr.Subhash Pd. Singh (GA-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For direction to Respondent Authorities specially to Respondent No. 3 to construct new road after removing the pitch of old road upon which new road is being constructed between Badi Durga Mandir to Post. office, in the Mohalla- Masud Bigaha under Ward No. 10 at Barh in the DistrictPatna, so that the level of road could not raise above the level of the house of the petitioner.

ii. For direction to the Respondent No. 3. to stop the construction of new road and drainage, which is being constructed by the Nagar Parishad, Barh (Patna) without removing the old pitch from the road

Patna High Court CWJC No.4243 of 2023(2) dt.09-10-2023 2/2 and drainage, resulting which the level of the house of the petitioner and other residents of that area could not go down than to the existing old road. iii. For direction to the respondent authorities to protect the civic right of the petitioner and local residents to maintain the old level/height of the road and drainage which is newly being constructed upon the old existing road between Badi Durga Mandir to Post office in the Mohalla- Masud Bigaha under Ward No. 10 at Barh in the District- Patna."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Patna/Executive Officer, Nagar Parishad, Barh, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The present writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U