Ram Bhajan Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3255 of 2016 ====================================================== 1.

Ram Bhajan Kumar S/o Suraj Deo Yadav, resident of Village- Pachhati, P.S.- Bodhgaya, District- Gaya.

2.

Sunil Kumar, S/o Sri Sarjun Yadav, resident of Village- Pachhati, P.S.- Bodhgaya, District- Gaya.

3.

Bhola Kumar, S/o Sri Suresh Yadav, resident of Village- Pachhati, P.S.- Bodhgaya, District- Gaya.

4.

Rakesh Kumar, S/o Sri Naresh Prasad, resident of Village- Pachhati, P.S.- Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar.

2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar.

3.

The District Magistrate cum Collector, Gaya.

4.

The Sub-Divisional Officer, Sadar, Gaya.

5.

The Circle Officer, Bodhgaya, Gaya.

6.

The Executive Officer, Nagar Panchayat, Bodhgaya, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhimanyu Vatsa, Advocate Mr.Nagadeo Choubey, Advocate Mr.Amresh Kr. Singh, Advocate For the Respondent/s :

Mr.Binod Kr. Singh, AC to GP-7 For Nagar Parishad :

Mr.Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application praying for issuance of a writ in the nature of a writ of mandamus or any other appropriate writ/order/direction for commanding the respondents to demolish the public toilet

Patna High Court CWJC No.3255 of 2016(3) dt.19-09-2024 2/2 constructed adjacent to the shops of the petitioners and in front of the main road going to the main Mahabodhi Temple inasmuch as the same is in dilapidated condition causing health hazard and affecting clean environment of the petitioners, including other residents of the area, besides the toilet is affecting the beauty aspect of a world heritage monument which is situated at about 200 meters and lowering the image of the area in the eyes of international and national tourists."

2. At the outset, the learned counsel appearing for the respondent-Nagar Parishad, Bodh Gaya, Gaya submits, on instruction, that the toilet in question has already been removed, hence the present writ petition has been rendered infructuous.

3. The learned counsel for the petitioners submits that if it be so, the present writ petition be disposed off.

4. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U