Manjeet Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17375 of 2018 ====================================================== Manjeet Kumar Singh Son of Late Braj Kishore Narayan Singh, Resident of Village-Dewapur, Near Gramin Bank, Alapur, Gopalganj, District-Gopalganj. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Under Secretary, Revenue and Land Reforms Department, Government of BIhar, Patna.

4.

The Director, Land Records, Department of Revenue and Land Reforms, Government of Bihar, Patna.

5.

The District Magistrate, Gopalganj, District-Gopalganj. 6.

The Deputy Collector, Gopalganj, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Tiwary For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 28.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "(i) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of mandamus directing and commanding the respondent authorities not to proceed ahead with the construction of the proposed Engineering College in

Patna High Court CWJC No.17375 of 2018(2) dt.06-01-2020 2/3 Mauza-Sipaya under Kuchaikote Circle in the District of Gopalganj as per the recommendation of District Magistrate Gopalganj whereby and where under recommendation has been made without taking into consideration the suitability/approachability of the proposed site for construction of an Engineering college as the said site is only 100 feet away from Saran Dam thereby making the proposed site highly vulnerable to flood every year thereby putting the life and security of students and other faculty at great risk.

(ii) For issuance of writ in the nature of mandamus directing and commanding the respondent authorities to consider the construction of the Engineering College at Block-Baikunthpur, MauzaMantengarahi, Parsauni Panchayat as the said place is having total 16 bigha of land and is most appropriate place for opening of an Engineering College in view of the fact that it is only one kilometer from NH-28."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Patna High Court CWJC No.17375 of 2018(2) dt.06-01-2020 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) BT/-rahul U