Bhupendra Narayan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2399 of 2021 ====================================================== Bhupendra Narayan Sinha Son of Late Ram Chandra Prasad Resident of Nakki Nagar, Ward No.28, P.O. and P.S.-Jamalpur, District-Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Secretary, Urban Development Deparatment, Govt. of Bihar, Patna. 3.

The District Magistrate, Munger.

4.

The Executive Officer, Nagar Parishad, Jamalpur, Munger. 5.

Sri Suryanand Singh Presently Posted as Executive Officer, Nagar Parishad, Jamalpur, Munger.

6.

Smt. Punam Sah Wife of Sri Umesh Prasad Sah @ Umesh Sao Resident of Mohalla-Nakki Nagar (Kothiyara Road,), Ward No. 28, P.O. and P.S.- Jamalpur, District-Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha,Advocate For the Respondent/s :

Mr.Lalit Kishore,AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2022 Though the present writ petition has been filed by the petitioner for demolition of temporary toilet constructed by the private respondent, for the reason that the bore well constructed by the petitioner in the plot of his wife is situated adjacent to the said toilet, which leads to soiling of the ground water being used by the petitioner.

Another grievance being raised by the petitioner is regarding the respondent-Jamalpur Nagar Parishad, having given a notice to the petitioner to remove the bore well in question.

Patna High Court CWJC No.2399 of 2021(3) dt.21-09-2022 2/2 At this juncture, the learned counsel appearing for the Jamalpur Nagar Parishad, submits that there is no intention to remove the bore well in question, hence this Court finds that any such apprehension of the petitioner is unfounded. Admittedly, the dispute regarding the toilet being situated adjacent to the bore well installed by the petitioner, though situated in the land of the private respondent no. 6, is purely a private dispute, hence the learned counsel for the petitioner seeks liberty to avail such other remedies as are otherwise available under the law.

Liberty so sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/SonalU