Md. Agtab Hashim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1089 of 2016 ====================================================== Md. Aftab Hashim, Son of Late Md. Hashim, Resident of Sheikh Mohalla, P.O.+P.S. and District.-Siwan .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Secretary, Urban Development Department, Govt. of Bihar, Patna

3. The Deputy Secretary, Urban Development Department, Govt. of Bihar, Patna

4. The District Magistrate, Siwan, District-Siwan

5. Siwan Municipal Board, through its Executive Officer, District-Siwan, Bihar.

6. The Chairman, Siwan Municipal Board, Distt.-Siwan, Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the S t a t e : Mr. P.K. Verma, AAG-5 For the Nagar Parishad, Siwan : Mr. Ravi Bhushan Verma, Advocate For P.M.C. : Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-09-2016 Heard Mr. Mukesh Kumar Singh, learned Counsel, appearing for the petitioner, and Mr. P.K. Verma, learned Additional Advocate General No.5, appearing on behalf of the State-respondents.Also heard Mr. Ravi Bhushan Verma, learned Counsel, appearing for the Respondent-Nagar Parishad, Siwan, and Mr. Sanjay Prakash Verma, learned Counsel, appearing for the Patna Municipal Corporation.

Having regard to the fact that with the help of this

Patna High Court CWJC No.1089 of 2016 (3) dt.21-09-2016 2/2 writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioner has sought for direction to be issued to the State-respondents to reconstruct the road, we are of the view that with no specific data being available, no direction can be passed in the present PIL, which suffers from lack of information except that while constructing the road, the State-respondents shall follow the directions/guidelines, which have been directed by a Division Bench of this Court in CWJC No.4839 of 2010 (Deepak Mukherjee Vs. State of Bihar & ors.), reported in 2010(3) PLJR 998.

We, therefore, close this writ petition with the liberty given to the petitioner to approach this Court with appropriate application in future, if so advised, and/or take recourse to such provisions of law as may be permissible.

(I.A. Ansari,CJ) (Anjana Mishra, J) PNM U