Gram Bachao Sangarsh Morcha v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16432 of 2021 ====================================================== Gram Bachao Sangarsh Morcha through its President Shivaji Ray, Male, Aged about 36 years, S/o - Suraj Ray, R/o- Gayatri Nagar, Kurthaul, Kurthaul Phulwari, District - Patna, 804453.
... ... Petitioner/s
Versus
1.
Union of India through its Secretary, Ministry of Transport and Highways. 2.
State of Bihar through the Chief Secretary, Government of Bihar. 3.
East Central Railways through the Divisional Railway Manager, East Central Railway, Bihar.
4.
National Highway Authority of India through the Chairman National Highway Authority of India.
5.
The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
6.
The District Magistrate, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Keshav, Advocate Ms. Akanksha Malviya, Advocate Mr. Vishal Kumar Singh, Advocate For the Respondent/s :
Mr.Dr. Krishna Nandan Singh (ASG) Mr. Uday Shankar Sharan Singh, GP 19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 20-09-2021 Petitioner has prayed for the following relief(s): "I. For the issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction commanding upon the respondents to connect the villages of
Patna High Court CWJC No.16432 of 2021(2) dt.20-09-2021 2/3 petitioner association from NH-83 so that all the villages can take benefit from the national highway and use the same to travel to their nearest municipal locations.
II. For issuance of a writ in a nature of mandamus and/ or any other appropriate writ, order or direction commanding upon the respondents to construct/ provide underpasses at appropriate places near school or hospital or other daily necessities for quick and safe access to these necessary places and to ensure the villages connectivity to the National Highway as per the IRC guidelines bearing no.: SP:84-2014, point 2.13.4.
III. Any other relief/s which this Hon'ble court deems fit in the Public Interest." Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to approach Respondent No. 6, namely The District Magistrate, Patna for redressal of the grievances.
Prayer allowed.
The present application is, accordingly, disposed of as withdrawn reserving liberty to the petitioner to file appropriate representation before Respondent No. 6, namely the District Magistrate, Patna, within a period of four weeks from today. If such a representation is filed by the petitioner within the
Patna High Court CWJC No.16432 of 2021(2) dt.20-09-2021 3/3 stipulated time, the authority concerned is directed to consider the same and dispose it of expeditiously and preferably within a period of four weeks thereafter.
Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U