Patna High CourtCWJC/19872/2015disposed

Shyamal Kumar v. The State Of Bihar And ORS

2016-02-12Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19872 of 2015 ======================================================

1. Shyamal Kumar, son of Sri Shasindra Pratap Singh, resident of MohallaAgarwa near Balua Railway Crossing Motihari, P.S.- Motihari Town, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate-cum-Collector, East Champaran at Motihari.

3. The Divisional Railway Manager, North East Railway Zone Hajipur, at Hajipur, District- Vaishali.

4. The Executive Engineer, Road Construction Department, Motihari, East Champaran

5. The Chief Executive Officer, Nagar Parishad, Motihari, East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Ajay Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-02-2016 Where the Railway foot over bridge shall be constructed is an issue raised in this application. The contention of the petitioner is that the Railway food over bridge is being constructed on the government land which shall obstruct ingress and egress of the petitioner. It is also contended that there is vacant government land available close to the north and west side of the present location of the foot over bridge.

Such matter, in my view, cannot be examined in writ jurisdiction.

Counsel for the petitioner submits that a representation

Patna High Court CWJC No.19872 of 2015 (2) dt.12-02-2016 2/2 filed before the District Magistrate in this regard is pending consideration.

Having heard the parties, the writ application is disposed of permitting the petitioner to pursue the representation before the District Magistrate in accordance with law. Needless to observe that if any such application is filed or is already filed by the petitioner, the same shall receive due consideration and expeditious disposal by the respondent District Magistrate. (Kishore Kumar Mandal, J) Pankaj/- U