Kaushlendra Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11423 of 2019 ====================================================== Kaushlendra Kumar Singh Son of Late Kameshwar Prasad R/o Ward No. 3, Dighi Kalan East, Dighi Kalan, P.S. District-Vaishali ... ... Petitioner/s

Versus

1.

The Union of India through the General Manager East Central Railway 2.

The General Manager East Central Railways, Hazipur Zone, Hazipur 3.

The Divisional Railway Manager Sonepur Division, Sonepur 4.

The State of Bihar through the Principal Secretary, Road Construction Deptt. Bihar, Patna 5.

The Principal Secretary Road Construction Department, Bihar, Patna 6.

The District Magistrate Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas, Adv.

For the State :

Mr. Sanjay Kumar, AC to GA-13 For the Railway :

Mr. Anil Singh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-01-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs:- "(a) That the respondents authorities may be directed to not to close the Dighi Railway crossing No. 54 AC without making alternative arrangements for the local residents of the locality.

(b) That the respondents authorities may be directed to build a under pass across the railway line, so that the local resident do not face

Patna High Court CWJC No.11423 of 2019(6) dt.28-01-2020 2/2 hardship owing to closer of the Dighi railway crossing no. 54 AC.

(c) Any other relief/reliefs as your Lordships may deem fit and necessary."

From the response dated 11.9.2019 filed by the Incharge Project Director, PIU, Chapra, it is evident that now an over-bridge already stands constructed and, perhaps petitioner's grievance stands redressed.

Be that as it may, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the Incharge Project Director, PIU, Chapra to consider and decide the request, which the petitioner shall be making afresh, within a period of four weeks from today.

We are hopeful that as and when as such request is made by the petitioner, the same shall be considered by the appropriate authority in accordance with law. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U