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Patna High CourtCWJC/10691/2024disposed

Kishor Singh v. The State Of Bihar

2024-07-22Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10691 of 2024 ====================================================== Kishor Singh S/O Late Bhuneshwar Singh, R/O Village- Gaway,P.S.- Hathiwaya, Dist- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the secretary public health and engineering department Govt of Bihar Patna.

2.

The Director, Public health and engineering department Govt of Bihar Patna. 3.

The District Magistrate, Sheikhpura P.S and Dist -Sheikhpura. 4.

The Executive Engineer, Public Health and Engineering Department P.S. and Dist- Sheikhpura.

5.

Dhiraj @ Vickey, s/o- Satish Singh and Satish Singh s/o- Late Ramavtar singh, R/O Village -Gabay, P.S- Hatiwaya, Dist - Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Respondent/s :

Mr. Government Pleader-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2024 Heard learned Advocate for the petitioner and the learned Government Advocate.

2. The petitioner by invoking the extraordinary jurisdiction of this Court seeking a direction from the respondent, specially respondent no. 4, to vacate the water pump which has unauthorizedly installed by the respondent no.4 at the Raiti land of the petitioner pertaining to Khata no. 274, Khesra no. 5383, at Mauja Gaway.

3. The learned Advocate for the petitioner vigorously contended that the water pump has been installed without any consent of the petitioner or any initiation of a land acquisition

Patna High Court CWJC No.10691 of 2024(2) dt.22-07-2024 2/2 proceeding.

3. For redressal of the grievance, the petitioner approached before all the concerned authorities including the District Magistrate, but no avail and thus the writ petition.

4. At this stage, learned Advocate for the State referring to Annexure P/2 submits that prima facie the installation of the water pump appears to be a consented one and the same was installed with a condition that the petitioner shall operate the same as an operator.

5. Be that as it may, considering the nature of the grievance, this Court deems it proper to dispose of the writ petition with a direction to the District Magistate, Sheikhpura to consider the representation of the petitioner as contained in Annexure P/2 and dispose of the same by a speaking order, preferably within a period of six weeks from the date of receipt/production of a copy of this order.

(Harish Kumar, J) supratim/- U