Patna High CourtCWJC/1678/2017disposed

Ram Padarath Singh Yadav v. The State Of Bihar And ORS

2017-03-29Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1678 of 2017 =========================================================== Ram Padarath Singh Yadav, Ex-Army Man, Son of Late Laldas Singh, Resident of Village-Korwa Hankar, P.O.-Bajitpur, P.S.-Karpi, District-Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna

3. The Principal Home Secretary, Home Department, Government of Bihar, Patna

4. The Director General of Police, Bihar, Patna

5. The Inspector general of Police, Patna

6. The Divisional Commissioner, Magadh Pramandal, Gaya.

7. The D.I.G. Magadh Range, Gaya.

8. The District Magistrate, District-Arwal.

9. The Superintendent of Police, District-Arwal

10. The Sub Divisional Magistrate, District-Arwal

11. The S.H.O. Karpi, District-Arwal

12. The B.D.O. Karpi, District-Arwal

13. The C.O. Karpi, District-Arwal

14. Mukhiya of the Gram Panchayat Khajuri, P.S.-Karpi, District Arwal. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Respondent/s : Mr. Dr. Anand Kumar, A.C. to AAG-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 29-03-2017 Inter alia contending that in Plot No. 145, Khata No. 60, Thana No. 63, area 01.02 decimal situated in Village Karwa Hankar, District- Arwal a ground is situated which is being used by the children of the village as a play ground for years together and now all of a sudden the local authorities have decided to convert it into a graveyard and contending that no useful purpose would be served in

Patna High Court CWJC No.1678 of 2017 dt.29-03-2017 2/2 converting the ground into a graveyard on various grounds as are canvassed in this writ petition petitioner wants this Court to prohibit the respondents from converting the ground into a graveyard. The grievance raised by the petitioner is not based on any statutory right, rule or regulation available in favour of the petitioner. It is an administrative matter based on policy decision of the administrative authorities and, therefore, a Writ Court exercising its extraordinary jurisdiction in a petition under Article 226 of the Constitution is not required to go into these issues. The petitioner is at liberty to raise the issue before the State Government, the local authorities or public representatives who are more competent to deal with such issues.

Granting liberty to the petitioner to do so, we dispose of the writ petition.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.04.2017 Transmission Date