Mannu Lal Bhagat v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19170 of 2017 ====================================================== Mannu Lal Bhagat, S/o Rameshwar Bhagat, Sitting Mukhiya of Gram Panchayat Raj Rasoolpur, Resident of Village- Rasoolpur, P.O. + P.S.- Naya Gaon, District- Saran.

... ... Petitioner/s

Versus

1. The Union of India through the General Manager, East Central Railway, Government of India, Hajipur.

2. The Divisional Railway Manager, At Office of East Central Central Railway Sonepur, P.O. + P.S.- Sonepur, District- Saran.

3. The Senior Section Engineer (Rail Path) East Central Railway, Dighwara, P.O. + P.S.- Dighwara, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Dr. Anshuman, Advocate Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-01-2018 This Public Interest Litigation has been filed seeking a mandamus to the respondents in the matter of opening and closing of gate of a railway crossing. The question of establishment of a level crossing and various other activities connected thereto are purely an administrative and executive action of the administrative authorities and in a Public Interest Litigation we cannot issue any mandamus.

Patna High Court CWJC No.19170 of 2017 dt.10-01-2018 2/2 Finding no case for issuance of any mandamus, we dismiss this writ petition with liberty to the petitioner to take up the issue with the administrative authorities.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.01.2018 Transmission Date