Ramakant Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11939 of 2022 ====================================================== Ramakant Kumar Verma S/o Late Kuldeep Narayan Verma, R/o Flat No. - JF 215, Block - 1, R.K. Avenue Nala Road, In front of Petrol Pump, P.S. - Kadam Kuan, Distt - Patna (Bihar), PIN - 800016. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department.

2.

The Commissioner, Patna Municipal Corporation. 3.

The Chief Executive Officer, Patna Municipal Corporation. 4.

The District Magistrate, Patna.

5.

The S.D.O., Patna, Sadar.

6.

Sri Kumud Ranjan, Executive Magistrate, Patna Sadar. 7.

The S.S.P. Patna.

8.

The S.H.O. Kadam Kuan P.S.

9.

Mr. Rakesh Ranjan, S/o- Raj Kishore Prasad, R/o - B 102, Sant Vihar Apartment, Pashchimi Lohanipur, P.S. - Kadam Kuan, Disst. - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Abbas Haider (SC6) For Patna Municipal Corp.

:

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-07-2023 No one appears on behalf of the petitioner although the State as well as Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation is present.

The petitioner has filed the present writ petition for the grant of following relief:

(i) for issuance of writ of Mandamus or any other appropriate writ upon the respondent authorities to provide the water supply connection as well as protection from Respondent No.- 9 namely Rakesh Ranjan who is obstructing the water supply connection to the petitioner for his household;

Patna High Court CWJC No.11939 of 2022(7) dt.03-07-2023 2/3 (ii) for direction upon the respondent authorities to consider the case and execute the orders which have been passed by the concerned authorities in his favour. An affidavit has been filed on behalf of the Executive Engineer, Road Construction Department, New Capital Road Division, Patna in which in paragraph 11, it has been incorporated as follows:

11. That in view of request made by the petitioner spot inspection was made and thereafter a detailed estimate for restoration of road was prepared which came to Rs.42,400/- hence, under letter no.2871 dated 13.09.2022 demand of Rs.42,400/- was made from petitioner.

Further, in paragraph 13, the following averment has been made:

13. That it is further relevant to mention here that in compliance of demand made under letter no.2871 dated 13.09.2022 the petitioner did not deposit the required amount, however on 14.10.2022, he submitted another representation wherein he requested to accord permission for road cutting and further stated therein that he will make repairing of road from his own expenses after cutting the road and after

Patna High Court CWJC No.11939 of 2022(7) dt.03-07-2023 3/3 water supply connection is provided to him.

A copy was served upon the petitioner who sought adjournment on 16.05.2023.

On 19.05.2023 also the co-ordinate Bench adjourned the matter on the request of the petitioner for granting time for filing rejoinder.

Neither the petitioner's counsel is present nor the rejoinder is on record.

Taking into account the averment made in the last affidavit, as quoted above, the writ petition stands disposed of with a direction to the petitioner to act in line with the averments made in paras 11 and 13 so that the respondent authorities could go ahead in the matter.

If the amount is deposited, the respondent shall take immediate steps so that the grievances of the petitioner is redressed.

(Rajiv Roy, J) Jagdish/Kiran/- U