Prabhu Nath Pandey v. The State Of Bihar And ORS

Patna High Court CWJC No.3866 of 2015 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3866 of 2015 ======================================================

1. Prabhu Nath Pandey S/o Late Baby Dayal Pandey Resident of Village - Janpara, P.S. - Rani Talab ( Kanpa) , District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through the District Magistrate, Patna.

2. The Superintending Engineer, Ganga- Sone Flood Circle, Mithapur

3. The Executive Engineer, Rural Works Department , Works Service, Patna.

4. The Executive Engineer , Flood Sone Circle , Khagaul.

5. The Sub -Divisional Office, Vikram .

6. The Office - in -Charge, Rani Talab , Vikram , Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr. Ajay, GA XII ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 08-04-2016 Learned Counsel for the petitioner is permitted to implead District Magistrate, Patna and the Senior Superintendent of Police, Patna as respondent Nos. 7 and 8 respectively in this Public Interest Litigation.

Heard Mr. Ajay Kumar Singh, learned Counsel for the petitioner, and Mr. Ajay, learned G.A. XII, appearing for the State respondents.

The grievance of the petitioner expressed in the writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, is that some ante-social

Patna High Court CWJC No.3866 of 2015 (2) dt.08-04-2016 elements, for the purpose of fetching illegal money in connivance with local Police, are allegedly plying heavy vehicles bearing load more than 30-50 tones for carrying sand from river Sone, which has resulted in destruction of the said road causing much inconvenience to the inhabitants of the area and, on the objection being raised by the villagers concerned, respondent No.3, namely, Executive Engineer, Rural Works Department, Work Division, Patna, issued letter, dated 01.03.2011 to the Officer-in-Charge of Raniya Talab Police Station, Vikram, Patna (Repondent No.6) requesting the latter to stop plying of vehicles bearing load more than ten tones, but no action has been taken by the respondents. In view of the above and in the interest of justice, respondent Nos. 7 and 8, namely, District Magistrate, Patna and the Senior Superintendent of Police, Patna, are hereby directed to look into the grievances of the petitioner and do the needful in accordance with law.

With the above observations and directions, this writ application, in the form of Public Interest Litigation, shall stand disposed of.

(I.A. Ansari, ACJ) (Samarendra Pratap Singh, J) A.I./- U