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Patna High CourtCWJC/12210/2022disposed

Rishabh Kumar v. The State Of Bihar

2023-05-02Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12210 of 2022 ====================================================== Rishabh Kumar son of Sudhir Singh, R/o Ward No. 5, Village- Phulwariya, P.S. and Block- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Department, Government of Bihar, Patna.

2.

The District Magistrate, East Champaran, Motihari. 3.

The Deputy Development Commissioner, East Champaran, Motihari. 4.

The Sub- Divisional Officer, Sadar, East Champaran, Motihari. 5.

The Block Development Officer-cum- Prakhand Swachhatha Padadhikari, Sugauli, East Champaran, Motihari.

6.

The Circle Officer, Sugauli, East Champaran, Motihari. 7.

The Gram Panchayat Implementation Committee, Gram Panchayat Raj Fulwariya through its Chairman-cum- Mukhiya, Gram Panchayat, Fulwariya, Sugauli, East Champaran, Motihari. 8.

The Ward Implementation and Management Committee, through its Chairman-cum- Ward Member, Gram Panchayat Raj, Fulwariya, Sugauli, East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Respondent/s :

Mr. Sumant Kumar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ in the nature of mandamus directing the concerned respondent authorities to construct the waste dumping site at an appropriate place and not construct the

Patna High Court CWJC No.12210 of 2022(2) dt.02-05-2023 2/3 same near the residential area as the same would not only be hazardous but will make it impossible for the people residing there to live and may spread epidemic and if the same is constructed then to shift the same to an appropriate place and to take necessary action against the person responsible for the same and realize the wastage of public money.

(ii). For issuance of a writ in the nature of mandamus directing the concerned respondent authorities to take necessary action on the representation of the petitioner and the villagers and take all remedial measures and follow the direction as contained in letter no. 1531 dated 8.6.2022, issued by the respondent no. 3 and for other the necessary relief/reliefs to which the petitioner may be found entitled in the facts and circumstances of the case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, East Champaran at Motihari, for redressal of his aforesaid grievances. Liberty, so sought, is granted. It is needless to state that in case, appropriate application is filed within a period of four weeks from today, the District Magistrate, East Champaran at Motihari, shall enquire into the matter and pass a reasoned and a speaking order within

Patna High Court CWJC No.12210 of 2022(2) dt.02-05-2023 3/3 a period of six weeks, thereafter.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U