Sriniwas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10142 of 2024 ====================================================== Sriniwas Singh S/o-Late Ram Anugrah Singh R/o Village-Nandgolwa, P.S.- Mohiuddin Nagar, District-Samastipur, at Present R/o Mohalla-Nepali Nagar, Shushila Sadan, Ashiyana, P.S.-Rajiv Nagar, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Darbhanga, District-Darbhanga. 3.

The Collector, Samastipur, District-Samastipur 4.

The Block Development Officer, Mohiuddin Nagar, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krityanand Jha, Adv.

For the Respondent/s :

Mr. Premchandra Kumar Singh, AC to GA10 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-07-2024 Heard Mr. Krityanand Jha, learned counsel appearing on behalf of the petitioner and Mr. Premchandra Kumar Singh, learned AC to GA10.

2. The petitioner is aggrieved by the construction of "Dumping Yard" which in the humble submission of the petitioner is proposed to be constructed beside the house of the petitioner appertaining to Khata No. 878, Khesra No. 1022 in Chapar Mauja, Samastipur.

3. Learned counsel for the petitioner also contended that the proposed site for construction of "Dumping Yard" is situated in a busy place surrounded by temples and there are so many residential houses and other structures. The construction

Patna High Court CWJC No.10142 of 2024(2) dt.04-07-2024 2/2 of "Dumping Yard" shall cause many problems, including the health hazard to the petitioner and others. The petitioner has also approached before the District Magistrate, Samastipur to look into the matter and for shifting of the "Dumping Yard" but, till date even his representation has not been disposed of.

4. On the other hand, learned counsel for the State submits that the objection, if any, filed by the petitioner, shall be dealt with if it is pending before the authorities.

5. Considering the nature of the grievance, this Court without adverting to the merit of the case, dispose of the writ petition with the direction to the petitioner to file a fresh representation before the District Magistrate, Samastipur preferably within a period of two weeks, from today. If such a representation is filed, the District Magistrate, Samastipur shall consider the objection of the petitioner and pass a reasoned and speaking order, preferably within a further period of four weeks.

6. The writ petition stands disposed off.

(Harish Kumar, J) annpurna/- U T