Jitendra Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9583 of 2018 ====================================================== Jitendra Kumar S/o Nandu Yadav, R/o Shivchandra Path Road No. 1, Kali Mandir Road, Hanumangar, Kankarbagh, Sanpatchak, Lohia Nagar, P.S.- Patrakarnagar, District- Patna.
... ... Petitioner/s
Versus
1.
The Union of India through Secretary, Department of Communication, Information and Broadcasting, New Delhi 2.
General Manager, Reliance Jio Infocom Company Limited, Shop No. 2/13, Ground Floor, Braj Laxmi Mansion, Mauza Dhakanpura, Sahdeo Mahto Marg, Boring Road, Patna, Bihar- 800001, Phone 06122540169 3.
Manager Reliance , Jio Inforcom. Company Limited, Jio Store, B51, Sadho Shivam Complex, Type A, P.C.Colony, Kankarbagh, Patna, Bihar 4.
Neelu Devi, W/o Shiv Prakash Singh, R/o Shivchandra Path Road No. 1 , Kali Mandir Road, Hamumanagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :
Mr.S.D Sanjay Addl. Soc. Gen.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following reliefs: "(i) For issuance of a writ of mandamus commanding the respondent authorities to take immediate action to stop the installation work of Base Transreceiver Station Tower over the ceiling of the house of
Patna High Court CWJC No.9583 of 2018(3) dt.20-02-2020 2/3 respondent Neelu Devi situated in MohallaShivchandra Path, Road No. 1, Hanuman Nagar, Kali Mandir Road, Patna;
(ii) For issuance of writ of mandamus commanding the respondent authorities to produce the order of installation of tower before this Court for its consideration and to quash the same;
(iii) For issuance of writ of mandamus commanding the respondent authority not to start the function of the tower till the final decision of this writ petition." After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the respondents states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,
Patna High Court CWJC No.9583 of 2018(3) dt.20-02-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (S. Kumar, J) P.K.P./-Utkarsh U