Satyam Shastri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17246 of 2015 ====================================================== Satyam Shastri, S/o Sri Mohan Prasad, resident of Hematpur, P.S.- Dighwara, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Zila Parishad, Saran, Chapra, through its Chairman.

3. Executive Officer, Zila Parishad, Saran.

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. with Mr. Anuj Kumar For the Respondent-State : AC to AAG-3 For the Zila Parishad : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-11-2015 Heard the parties.

The petitioner is aggrieved by the action of the authority of the Zila Parishad, Saran at Chapra and the Nagar Panchayat, Dighwara in making construction of shops over plot no.167 of khata no. 72 at Village- Hematpur, under. Dighwara Block in the district of Saran.

The issue raised by the petitioner to question the construction is that plot no.167 is a public road and that the construction would be obstructing the ingress and egress of the petitioner. This issue came up for consideration before this Court in a case arising from CWJC No.15103 of 2015 (Maharaj Sharan vs. The State of Bihar) when similar issue was raised by another resident of the area and it is in consideration of the

Patna High Court CWJC No.17246 of 2015 (3) dt.05-11-2015 counter affidavit and the map presented by the Zila Parishad that this Court was satisfied that the construction of the shop does not obstruct passage of any construction situated across the road.

The issue so raised by the petitioner in the present writ petition stands squarely covered by the opinion expressed by this Court in CWJC No.15103 of 2015 and this writ petition is disposed of accordingly and in similar terms. (Jyoti Saran, J) SKPathak/- U