Patna High CourtCWJC/18166/2015disposed

Shambhu Sharan Singh v. The State Of Bihar And ORS

2017-02-13Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18166 of 2015 =========================================================== Shambhu Sharan Singh, Son of late Dukhan Singh, aged about 63 years, resident of Village+P.O.-Tarari, PS. Konch, District Gaya. .... .... Petitioner

Versus

1. The State of Bihar through District Magistrate, Gaya.

2. Block Development Officer, Konch, Gaya.

3. Sub Divisional Magistrate, Tekari, Gaya.

4. Gopal Prasad Panchayat Sachiv, Gram Panchayat Adai, Block-Tekari, Gaya.

5. Raj Nandan Prasad Yadav, Mukhiya, Gram Panchayat Adai, Block-Tekari, Gaya.

.... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi, Advocate. For the Respondent/s : Mr. S. D. Yadav, AAG-IX. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 13-02-2017 Grievance of the petitioner in the present public interest litigation is that PCC road should not be constructed till such time Nala (Drain) which is running parallel to the road is constructed. In the counter affidavit, it is asserted that there are two factions in the village and that on account of the dispute between the two factions, an F.I.R. was lodged and that the petitioner is, in fact, disputing the construction of PCC road as he is the beneficiary in the construction of Drain. It is also pointed out there will be no problem of drainage, if the PCC road is constructed.

In view of the categorical assertion in the counter

Patna High Court CWJC No.18166 of 2015 dt.13-02-2017 2/2 affidavit that there will be no problem of drainage, we do not find that any direction is called for in the present public interest litigation. Accordingly, the writ application stands disposed of. (Hemant Gupta, ACJ) (Sudhir Singh, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

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