Patna High CourtCWJC/10838/2015disposed

Kashi Nath Singh v. The State Of Bihar And ORS

2015-09-02Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10838 of 2015 =========================================================== Kashi Nath Singh, son of Ram Raj Singh, Resident of Village- Kalani, P.S.- Ramgarh, District- Kaimur at Bhabua.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Kaimur at Bhabua.

3. The Sub-Divisional Officer, Mohania, District- Kaimur at Bhabua.

4. The Circle Officer, Ramgarh, District- Kaimur at Bhabua.

5. The Charge Project Manager, R.M.S. Atomesan, Bhabua, District- Kaimur at Bhabua.

6. The Executive Engineer, Electricity Department, Bhabua, District- Kaimur at Bhabua.

7. The Assistant Electric Engineer, Electricity Department Ramgarh, DistrictKaimur at Bhabua.

8. The Junior Electric Engineer, Electric Supply, Prakhand Ramgarh, DistrictKaimur at Bhabua. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Respondent/s : Mr. A.K.CHAUDHARY : Mr. Anand Kumar Ojha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 02-09-2015 Heard learned counsel for the petitioner and the respondents.

2. The dispute relates to construction of Electric Power Sub-Station Center in village Kalyanpur within Kaimur district. It is the case of the petitioner that after lot of deliberations, khata nos. 114, 118 and 119 of Mauza Kalyanpur, which is Sarva Sadharan land meant for general public utilization, was chosen for the said purpose.

3. The grievance of the petitioner is that the site for

Patna High Court CWJC No.10838 of 2015 dt.02-09-2015 2 / 2 erection of the Electric Power Sub-Station Center has been changed and is being shifted in plot nos. 318, 319 and 320 of khata no. 248, which is a play ground as well as a center space for holding religious function, like Ramleela etc.

4. I find that both the lands are Sarva Sadharan land for public utility. The respondents can shift the place, if it finds that it would be less convenient and it would cross minimum of hindrance against the interest of public. The representation of the petitioner is already on record (Annexure-6).

5. In the circumstances, the District Magistrate, Kaimur would dispose of the representation within four weeks from the date of receipt/production of a copy of this order after hearing the petitioner or his assignee/representative.

6. In the meantime, status quo as of today would be maintained till decision of the District Magistrate, Kaimur.

7. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U