Mishri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16351 of 2019 ====================================================== Mishri Singh S/o Late Tahal Singh Social Worker-cum-R.T.I. Activist, Resident of Village- Kendua, P.o.- Akauna Bazar (Gondapur), P.S.- Mufassil, Distt.- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The Home Secretary Department of Home, Govt. of Bihar, Patna 3.

The Director General of Police Bihar, Patna 4.

The Inspector General of Police Magadh Division, Gaya 5.

The District Magistrate-cum-Collector Nawada 6.

The Superintenedent of Police Nawada 7.

The Superintendent of Police (Aviyan) Nawada 8.

The Circle Officer Nawada Block, Nawada 9.

The Executive Engineer Zila Sahari Vikas Abhikaran, Nawada-cumWorking Agency, (present project) 10.

The S.H.O. Mufassil Police Station, Nawada 11.

The Anchal Amin Nawada Block, Nawada 12.

Smt. Kanchan Kumari Contactor, Fatehpur S.S.B. Camp. Renovation work under special central Help Scheme ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Advocate Mr. Santosh Kumar Verma, Advocate For the Respondent/s :

Mr.Manish Kumar (Gp4) Mr. Ajay Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 23-08-2019 The petitioner has filed this application under the Public Interest Litigation having objection with regard to establishment of police station on the place identified by the State administration. There is no dispute that the land in question belongs to the State of Bihar but the objection has been raised that the location of establishment of police station is near to the school, law college, by the side of the high school and also to the temple.

Patna High Court CWJC No.16351 of 2019 dt.23-08-2019 2/2 It is expected that the construction of the police station will not disturb the water channel as lay out plan indicates the construction would be made by side of the pond. The establishment of police station is in the interest of public, if the same is established it will be beneficial to the public at large and especially to those who are nearby the police station. Selection of a particular place for the purpose of construction of police station lies within the domain of the executive and the Court does not have experties for choosing suitable site for construction of police station. We do not find any reason to interfere with the construction.

In such view of the matter, writ petition is disposed off. This Court expects that the construction of the police station will not encroach upon the water channel, will not disturb the boundary wall of the educational institutions or Khatiani land holder save and except in accordance with law.

(Shivaji Pandey, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 03.09.2019 Transmission Date