Mukesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12649 of 2015 ====================================================== Mukesh Kumar, Son of Late Shibbu Mahto, Present resident of Flat No. 204, Ramdutt Ashram Apartment, Sadhnapuri, P.S. - Gardanibagh, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Municipal Corporation of Patna, through the Municipal Commissioner, Patna.

3.

Municipal Commissioner, Municipal Corporation of Patna, District - Patna. 4.

The Superintendent of Police Traffic, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Respondent/s :

Mr.Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 Petitioner has prayed for the following relief(s): "I. That the present writ application is being filed for issuance of an appropriate writ order/direction(s) in the nature of Mandamus for a direction to the concerned respondents particularly to the respondent nos.2 and 3 to remove the location/hub of waste dumping facility from its present premises which is located just 100fts from the Gardanibagh Hospital on the ground that it is house of diseases and is badly affecting the citizens of the locality and is the causing proliferation of various diseases in the vicinity;

Patna High Court CWJC No.12649 of 2015 dt.23-11-2020 2/3 II. That the present public interest litigation application is being filed for issuance of an appropriate writ order/direction(s) in the nature of Mandamus for a direction to the concerned respondents to remove the waste dumping on the ground that it is located in a place from where the Gardanibagh Hospital and Stadium which is used by childrens and nearby locals for recreational purposes and the dumping facility is also just besides the "Sachiwalaya Railway Halt" which is being used by thousands of daily passengers;

III. That the present public interest litigation application is being filed for issuance of an appropriate writ order/direction(s) in the nature of Mandamus to the concerned respondents particularly to respondent no. 2, 3 & 4 to clear the blockade of main road caused by the waste dumping facility of respondent no.2 and open access to it for public;

IV. And for issuance of any other relief or relief(s) for which the petitioner is entitled for."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file a fresh petition on the same and subsequent cause of action, if so required and desired.

Permission granted.

Patna High Court CWJC No.12649 of 2015 dt.23-11-2020 3/3 Petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory Application(s), if any shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date