Ruby Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13125 of 2021 ====================================================== 1.

Ruby Jha Wife of Amarnath Jha @ Dr. Amarnath Jha, resident of Mohalla Navratan Hata, Ward No. 21, East of DSA Ground, P.S. K. Hat, DistrictPurnea. 2.

Sindhu Jha, Wife of Shri Rajesh Kumar Jha, resident of Mohalla Navratan Hata, Ward No. 21, East of DSA Ground, P.S. K. Hat, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

The Chief Secretary to the Government of Bihar, Patna. 3.

The Principal Secretary to the Government of Bihar, Department of Urban Development, Patna.

4.

The District Magistrate, Purnea.

5.

The Superintendent of Police, Purnea.

6.

The Municipal Commissioner, Municipal Corporation, Purnea. 7.

The Sub Divisional Magistrate, Purnea Sadar, Purnea. 8.

The Circle Officer, Purnea (East), District-Purnea. 9.

The District Mining Officer, Purnea.

10.

The Officer Incharge/SHO, K. Hat, Purnea.

11.

Seemanchal Infratech Private Limited, Registered Office at Gayatri Nagar, near Kali flour Mills, Shivpuri, P.S. Maranga, District-Purnea, through its Managing Director Sanjiv Mishra @ Sanjiv Kumar Mishra son of Radheshyam Mishra, resident of Panorma Square, Jila School Road, Police Station K. Hat, District-Purnea.

12.

Sanjiv Mishra @ Sanjiv Kumar Mishra, son of Shri Radhe Shyam Mishra, Managing Director, Seemanchal Infratech Pvt. Ltd., resident of Panorma Square, Zila School Road, Police Station K. Hat, District-Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Respondent No. 6 :

Mr. Bijendra Kumar Singh, Adv.

For the State :

Mr.Kinkar Kumar, SC-9 For the Respondents No. 11 & 12 :

Mr. Amit Kumar Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2022 In pursuance to the earlier order dated 6.12.2022, a supplementary counter affidavit has been filed by the Municipal Commissioner,

Patna High Court CWJC No.13125 of 2021(4) dt.20-12-2022 2/3 Municipal Corporation, Purnea wherein a map has been annexed, showing the area where the flat/ building of the petitioners is situated, the area wherein mud has been filled and the area depicted in yellow colour, which is private raiyati land of the Respondents No. 11 and 12 from where mud has been dug, which is at some distance from the house of the petitioners.

The learned counsel for the RespondentMunicipal Corporation has also submitted that fresh inspection has been made and it has been found that at the moment, there is no threat to the house of the petitioners on account of digging of mud by the private Respondents No. 11 and 12. In such view of the matter, the learned counsel for the petitioners submits that the petitioners be granted liberty to approach the District Magistrate, Purnea for redressal of their subsisting grievances, if any, as also they be granted liberty to avail such other remedies as are otherwise available under the law for redressal of their grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.13125 of 2021(4) dt.20-12-2022 3/3 The writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J) Ajay/- U