Pintu Kumar @ Gyan Shankar Bhagat v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2059 of 2019 ====================================================== Pintu Kumar @ Gyan Shankar Bhagat, son of Mahendra Prasad Bhagat, resident of Vill- Sabalpur, P.S-Panjwara, Banka ... ... Petitioner/s
Versus
1.
The State Of Bihar through Collector cum District Magistrate Banka 2.
The Sub Divisional Officer, Banka 3.
The Circle Officer, Baunsi, District- Banka 4.
The Vikramshila Dugdh Utpadak Sahakari Sangh Ltd, through its managing Director, Mayaganj, Hospital Road, Bhagalpur-812001 5.
The Managing Director, Vikramshila Dugdh Utpadak Sahakari Sangh Ltd. (VIMUL). Mayaganj, Hospital Road, Bhagalpur-812001 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Ranjan Singh For the Respondent/s :
Mr.Raj Kishor Rai (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-04-2019 Petitioner, in the present case, is aggrieved by the direction of respondent no.3 to lock the Sudha Milk Parlor of the petitioner. It is the case of the petitioner that the Sudha Milk Parlor is situated at Papharni, Mandarhill, Banka at some distance from the road, but in course of hearing it is admitted by learned counsel for the petitioner that the booth is standing at a government land.
Since the booth is standing at a government land, this Court, sitting in its writ jurisdiction under Article 226 of the Constitution of India, would not be willing to issue any such direction to respondent no.3 which would amount to putting a
Patna High Court CWJC No.2059 of 2019(2) dt.17-04-2019 2/2 seal of approval on the running of the milk booth by raising a construction on a government land unauthorizedly. This writ application, as framed, cannot be entertained for grant of the reliefs prayed by the petitioner. The same is dismissed.
Learned counsel for the respondent nos.4 and 5 is present.
(Rajeev Ranjan Prasad, J) arvind/- U