Gopal Kumar And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10917 of 2014 ======================================================
1. Gopal Kumar S/o Sri Ram Chandrika Kumar R/o Mohalla- Vinodpur, P.S.- Begusarai Mufassil, Dist.- Begusarai
2. Amrendra Kumar Amar, S/o- Nandan Rai R/o- Vishwa-Nath Nagar, P.S.- Begusarai Town, District- Begusarai .... .... Petitioners
Versus
1. The Union of India, through the Chairman, Railway Board, Delhi
2. The D.R.M., Danapur Railway Division, Patna
3. The General Manager, (Mechanical) East Central Railway, Hazipur
4. The Chief Engineer (Bridge), East Central Railways, Hazipur
5. The National Highway Authority of India, through it's Regional Head, Patna
6. The National Highway Authority of India, through it's Project Director, At- Begusarai
7. The State of Bihar through the Chief Secretary, Old Secretariat, Patna
8. The Principal Secretary, Department of Road Construction, Govt. of Bihar, Patna
9. The District Magistrate, Begusarai
10. The District Magistrate, Patna
11. The S.D.M., Begusarai .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey For the Railway : Mr. Anil Kumar Sinha For the Union of India : Mr. S.D.Sanjay, Sr. Advocate For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-10 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 05-07-2016 In compliance with the direction, issued on 28.06.2016, respondent No.2, namely, Divisional Railway Manager, Danapur Railway Division, Patna, is present in Court. Heard Mr. Shubhash Pandey, learned Counsel for the petitioners, and Mr. Anil Kumar Sinha, learned Counsel for the respondent Railway. Heard also Mr. S.D.Sanjay, learned Senior
Patna High Court CWJC No.10917 of 2014 (14) dt.05-07-2016 Counsel for the Union of India, and Mr. Dhirendra Kumar, learned AC to AAG-10, appearing for the State respondents. By way of supplementary counter affidavit, which has been filed by the respondent Railway, it has been brought on record that the rail-cum-road bridge (Rajendra Pul) would be completely functional by 31.07.2016.
It is, however, submitted by Mr. S.D.Sanjay, learned Senior Counsel for the Union of India, that having regard to the nature of bridge, respondents may be given a reasonable period of about 15 days more, so that the movement of the train on the bridge, in question, would remain safe.
Having regard to the materials on record and the submissions made, we close this proceeding with direction to the respondents to ensure that the construction of the left out portion of the rail cum road over-bridge is completed by 31.07.2016 and the same shall be made functional by 15.08.2016. With the above observations and directions, this writ petition is hereby disposed of accordingly.
Personal appearance of respondent No.2 is hereby dispensed with.
(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U