Manish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18978 of 2014 ======================================================

1. Manish Kumar Singh S/o Late Kranti Kumar Singh resident of Village and P.O. Sanhauli, P.S. Chitragupta Nagar, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary.

2. Principal Secretary, Deptt. of Art and Culture and Youth.

3. Principal Secretary, Fod and Civil Supply, Principal Sect. Deptt. of Agriculture.

4. District Magistrate, Khagaria.

5. Sub-Divisional Officer, Khagaria.

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

For the Petitioner/s : None For the Respondent/s : Mr. P.K. Verma, AAG-5 Mr. Saroj Kumar Sharma, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 22-09-2015 By making this application, under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, the petitioner has sought for the following reliefs: "(i) For issuance of appropriate writ/writs, order /orders or direction/directions to the authorities to restrain construction of Godown on the Bazar Samiti Maidan.

(ii) For a direction to keep the Bazar Samiti Maidan Free from any such kind of such construction which may hinder the general public, children to use it for the purpose of sports, matches,

Patna High Court CWJC No.18978 of 2014 (2) dt.22-09-2015 2/3 meetings, morning walk, as it is the only ground in the town.

(iii) For a direction to shift the proposed construction of Godown on one of the several other safe areas which is not affected by flood resulting in decay of food grains.

(iv) For a direction to the authorities to further develop the Bazar Samiti ground and to construct a stadium on it as per the old declaration of government programme.

(v) For grant of stay against any construction of godown on the bazaar Samiti ground till disposal of PIL.

(vi) For any other direction or order as the Hon'ble Court may deem it fit and proper."

None has appeared on behalf of the petitioner. However, Mr. P.K. Verma, learned Additional Advocate General No.5, appearing on behalf of the State-respondents, is present. In substance, this writ petition, which has been filed in the form of public interest litigation, seeks shifting of the Godown meant for storage of food grains from the Bazar Samiti and construction of stadium as per the report of the Programme Officer.

Patna High Court CWJC No.18978 of 2014 (2) dt.22-09-2015 3/3 Considering the matter in its entirety and in the interest of justice, this writ petition is disposed of with direction to respondent No.3, namely, Principal Secretary, Food and Civil Supply, Department of Agriculture, to examine the grievances of the petitioner and do the needful in accordance with law by making such reasoned order, as may be necessary. The exercise, as directed above, shall be completed within a period of six weeks from today. If the petitioner feels aggrieved by the decision or decisions, which may be taken by respondent No.3, or by the order(s), which may be passed by respondent No.3, the petitioner shall remain at liberty to take recourse to the appropriate provisions of law. In terms of the above observations and directions, this Public Interest Litigation application stands disposed of accordingly.

No order as to costs.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Mkr./- U