Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9840 of 2021 ====================================================== Gita Devi W/o Late Santosh Kumar, resident of Mohalla-Mithapur, B. Area, Nandu Bhawan Raghunath Road, P.S.-Jakkanpur, Dist.-Patna, Bihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Urban Development Department, Govt. of Bihar, Patna.

3.

The District Collector, Patna.

4.

The Circle Officer, Patna Sadar, Dist.-Patna. 5.

The Executive Officer, Patna Municipal Corporation, Patna. 6.

Dheeraj Kumar, resident of Mohalla-Mithapur, B. Area, Raghunath Road, P.S.-Jakkanpur, Dist.-Patna.

7.

Neeraj Kumar, resident of Mohalla-Mithapur, B. Area, Raghunath Road, P.S.-Jakkanpur, Dist.-Patna.

8.

Guddu Kumar, resident of Mohalla-Mithapur, B. Area, Raghunath Road, P.S.-Jakkanpur, Dist.-Patna.

9.

Shatrughan Kumar, S/o of Indeo Paswan, resident of Mohalla-Mithapur, B. Area, Raghunath Road, P.S.-Jakkanpur, Dist.-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mirtyunjay Kumar, Adv For the Respondent/s :

Mr. Sanjay Prakash Verma Mr. Kinkar Kumar (SC-9) Mr. Sanjay Kumar Pandey Mr. Sushen Kumar Keshiri Mr. Satyendra Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 21-04-2022 Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel representing Patna Municipal Corporation, and learned counsel for private-

Patna High Court CWJC No.9840 of 2021(7) dt.21-04-2022 2/3 respondent nos. 6 to 9.

This writ application has been filed seeking following directions:

"(i) A direction may be given to the respondents No. 3 to 5 for giving facilities to the petitioner to connect her home sewerage water pipe line into the manhole sewerage pipeline of the road i.e. Raghunath Road, Mohalla-Mithapur B. Area, P.S.- Jakkanpur, Dist.- Patna.

(ii) Respondents NO. 6 to 9 i.e. private respondents, may be restrain, who have obstructed the connection or drain water sewerage of petitioner house into the main sewerage pipe line of the area."

A supplementary counter-affidavit has been filed on behalf of Patna Municipal Corporation stating therein that the petitioner's request, that the sewerage line from his house should be connected to main nala through the land of her agnates, cannot be acceded to because the said main nala has been damaged during the course of widening of Patna-Gaya road. It is stated, however, that a sewerage line from the house of the petitioner has been proposed to be constructed and

Patna High Court CWJC No.9840 of 2021(7) dt.21-04-2022 3/3 connected as proposed in the letter dated 28.03.2022 (Annexure R-5/E).

Learned counsel appearing on behalf of the privaterespondents does not have any objection over the said plan of the Patna Municipal Corporation to construct the sewerage line by connecting it to manhole as proposed in the letter dated 28.03.2022.

In such view of the matter, this application is disposed of with a direction to the Patna Municipal Corporation to ensure that the sewerage line is constructed as expeditiously as possible, in any case, not beyond two months from today. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U