Reeta Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7690 of 2020 ====================================================== Reeta Tiwari, Wife of Sanjay Tiwari, Presently Sarpanch of Panchayat Pandey Patti, Resident of Village-Pandey Patti, P.S. Buxar (M), District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resource Department, Government of Bihar, Patna.

2.

The Collector, Buxar.

3.

The Chief Managing Director, Eastern Central Railway Hazipur, Vaishali. 4.

The Zonal Manager, Eastern Central Railway at Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Mishra, Advocate Mr. Amit Kumar Mishra, Advocate.

For the Respondent/s :

Mr.Lalit Kishore ( Ag ) Mr. P.K.Verma, AAG 3 Ms. Divya Verma, AC to AAG 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-11-2020 Petitioner has prayed for the following relief(s):- "i) To pass the appropriate writ or direction(s) commanding the respondents authorities to construct a new Railway under bridge between Buxar Railway Station to Pandey Patti Railway Crossing since the old railway under bridge situated near the western side of Buxar Railway Station has been blocked by the Railway authorities as a result of which the flow of drainage has been blocked causing water logging on every road/lane of village Pandey Patti especially during rainy season which may

Patna High Court CWJC No.7690 of 2020(3) dt.10-11-2020 2/3 cause epidemic and other atrocities.

ii) To pass the appropriate direction to the Government authorities to construct drainage of the village since there is water lodging in the entire village Pandey Patti of district Buxar causing great inconvenience to the general people at large.

iii) To pass appropriate writ or direction(s) which your lordships may deem fit and proper." After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondent(s) to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.7690 of 2020(3) dt.10-11-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U