Jahangir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11200 of 2022 ====================================================== Jahangir Hussain Son of Md. Alauddin Resident of Village- Dehti, P.O.- Kakodawa, P.S.- Palasi, District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Rural Works Department, Works Circle, Araria, District- Araria.

5.

The Executive Engineer, Rural Works Department, Works Division, Araria, District- Araria.

6.

The District Magistrate, Araria, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar For the Respondent/s :

Mr.Smt. Archana Meenakshee (Gp6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2022 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to stop the construction of bridge in Panchkauri-Palasi Road in front of the petitioner's residential house since construction of bridge opposite to the petitioner's residential house shall be a danger not only for the house but for the entire family members also in case of

Patna High Court CWJC No.11200 of 2022(2) dt.08-09-2022 2/3 heavy rain fall or in case of flood which would demolition the petitioner's residential house since the water passing through the said bridge would directly attack on petitioner's house which can be a cause of its compete demolish.

(ii) for a declaration that if the outlet of water being drain through the bridge under construction is directly attacking on the house of the petitioner, the respondents should not have provide for construction of bridge at that point in their detail project report and even if it was wrongly provided therein, they should have shifted to construction of bridge in front of the petitioner's house to some other suitable place saving the house of the petitioner and family members residing therein)."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Araria for redressal of his aforesaid grievances. Liberty, so sought, is granted.

It is needless to state that in case, the

Patna High Court CWJC No.11200 of 2022(2) dt.08-09-2022 3/3 petitioner files appropriate representation before the District Magistrate, Araria within a period of two weeks from today, the same shall be considered and disposed of, within a period of four weeks, thereafter, by a reasoned and a speaking order, in accordance with law.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U