Sanjay Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2876 of 2016 ========================================= Sanjay Prasad Singh, Son of Late Kamla Prasad Singh, resident of New Yarpur, near Devi Asthan Road, P.S.-Gardanibagh, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.
2. The Joint Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.
3. The Director, Directorate of Animal Husbandry, Bihar, Patna.
4. The Joint Director (Animal Husbandry Health), Bihar, Patna.
5. The Regional Director (Animal Husbandry Central Region), Patna.
6. The Assistant Director, Cattle Development, Large Cattle Development Project (Regional Level), Masaurhi, Patna. .... .... Respondent/s ========================================= Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate Mr. Sudhir Kumar Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 Mr. Shakib Ayaz, AC to GA-9 ========================================= CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
2/4 ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) Date: 29-03-2016 The present application, under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, has been filed, seeking quashing of Letter No.3180, dated 21.12.2015, issued by the Joint Director (Animal Health), Bihar, Patna, whereby he has directed the Regional Director (Animal Husbandry Central Region), Patna, to shift the office of Assistant Director, Cattle Development Office, Masaurhi, from Patna to Masaurhi.
2. We have heard Mr. Manoj Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Anil Kumar Sinha, learned Government Advocate No.9, appearing on behalf of the respondents-State of Bihar.
3. We do not find any public interest involved in the present application in the shifting of the office of Assistant Director, Cattle Development, which was meant for Masaurhi, though initially located at Patna. However, an issue has been raised that the said office is being shifted to Masaurhi without raising
3/4 adequate infrastructure required for the said office at Masaurhi.
4. A counter affidavit has been filed on behalf of the respondents-State of Bihar, stating therein that the said office has already been shifted.
5. Learned Counsel, appearing on behalf of the petitioner, referring to the averments made in the rejoinder to the counter affidavit, has submitted that the necessary infrastructure has so far not been created for proper functioning of the office and this Court may direct the respondents to create necessary infrastructure for the said purpose.
6. Considering the nature of relief, as sought for in the present application, and the stand taken by the respondents, we dispose of this application with observation that the Principal Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna (respondent No.1), shall take all possible measures, preferably, within a period of 6 months from today, to ensure that proper infrastructure is made available, at Masaurhi, for the concerned office aforementioned.
7.
This application stands disposed of
4/4 accordingly.
8. It is made clear that the petitioner shall remain at liberty to approach this Court again, if any situation arises in future.
(I. A. Ansari, ACJ.) (Chakradhari Sharan Singh, J.) Praveen-II/- U