Bishnu Kant Jha @ Vishnu Kant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10305 of 2024 ====================================================== 1.
Bishnu Kant Jha @ Vishnu Kant Jha S/o Badri Narayan Jha, Resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, District- Darbhanga 2.
Shanti Devi, D/o Badri Narayan Jha, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, District- Darbhanga 3.
Chandra Kant Jha, S/o Badri Narayan Jha, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, DistrictDarbhanga 4.
Jitendra Kumar Gandhi, S/o Ramesh Kumar Poddar, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, DistrictDarbhanga 5.
Rajesh Kumar Poddar, S/o Vishnu Nath Poddar, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, DistrictDarbhanga 6.
Kumari Kavita, W/o Ashok Kumar Poddar, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, DistrictDarbhanga 7.
Buchi Devi, W/o Suresh Yadav, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, District- Darbhanga 8.
Niro Devi, W/o Tara Kant Yadav, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, District- Darbhanga 9.
Mishri Lal Yadav, S/o Bhogi Lal Yadav, resident of Behat Kabir Chak near west Koshi Camp, Western embankment, P.S.-Sadar, District- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.
2.
The Principle Secretary, Water Resources Department, Government of Bihar, Patna.
3.
The Commissioner, Darbhanga Division, Darbhanga. 4.
The Collector, Darbhanga.
5.
The Chief Engineer, Koshi Project, Darbhanga. 6.
The Superintending Engineer, Koshi Project, Darbhanga. 7.
The Executive Engineer, Koshi Project, Darbhanga. 8.
The Deputy Development Commissioner, Darbhanga. 9.
The Sub-Divisional Officer, Sadar Darbhanga, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
Patna High Court CWJC No.10305 of 2024(2) dt.01-08-2024 2/3 For the Petitioner/s :
Mr.Sushil Kumar Jha, Advocate Mr. Gajendra Kumar Jha, Advocate For the Respondent/s :
Mr. Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. That, this writ application is being filed for issuance of writ in the nature of Mandamus or any other appropriate writ/ writs, direction/ directions, order/ orders for commanding the respondents to construct the 10ft wide link road of the villagers linking the village to Donar-Kusheshwar Asthan Main Road for which survey report and no objection certificate has already been obtained, either under Pradhan Mantri Gramin Sadak Yojana or Rural Road construction Yojana in order to extend the petitioners and locals residents to use the link road throughout the year. The petitioners and locals are deprived of their right to easement as the use of alternative road of Koshi Project is being obstructed and the said colony proposing to block the road permanently.
This writ application is also being filed for restraining the respondents no. 5 to 7 from making
Patna High Court CWJC No.10305 of 2024(2) dt.01-08-2024 3/3 obstruction to the petitioners and locals to use the link road, linking the local to Donar-Kusheshwar Asthan main road."
2.
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Collector, Darbhanga for redressal of their aforesaid grievances. Liberty, so sought, is granted.
3.
It is needless to state that in case the petitioners approach the Collector, Darbhanga, by filing appropriate representation, within a period of two weeks from today, appropriate steps shall be taken by the Collector, Darbhanga, in accordance with law, forthwith.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U