Prakash Abhishek v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15266 of 2024 ====================================================== 1.

Prakash Abhishek Son of Anil Prakash Resident of Eastern side of 2nd floor, House No. 19, Montessori School Lane, Boring Road, P.S. Sri Krishna Puri, Patna.

2.

Anil Prakash Son of Late Lalit Lal Resident of Eastern side of 2nd floor, House No. 19, Montessori School Lane, Boring Road, P.S. Sri Krishna Puri, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The Sub-Divisional Officer, Patna Sadar, District Patna. 4.

The Chairman, Maintenance Tribunal-cum-Sub-Divisional Officer, Patna Sadar, District Patna.

5.

The Patna Municipal Corporation, through its Secretary, Morya Lok Complex, Patna.

6.

The Municipal Commissioner, Patna Municipal Corporation through its Secretary, Morya Lok Complex, Patna.

7.

The Senior Superintendent of Police, Patna.

8.

The Sub-Divisional Police Officer, Sachivalaya - II, Patna. 9.

The Officer-in-Charge, Sri Krishna Puri Police Station, Patna. 10.

Smt. Nirmala Sinha Wife of Late Lalit Lal Resident of House No. 19, Montessori School Lane, Boring Road, P.S. Sri Krishna Puri, Patna. 11.

Amar Prakash Son of Late Lalit Lal Resident of House No. 19, Montessori School Lane, Boring Road, P.S. Sri Krishna Puri, Patna. 12.

Deep Shikha Wife of Amar Prakash Resident of House No. 19, Montessori School Lane, Boring Road, P.S. Sri Krishna Puri, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sanjay Kumar Verma, Advocate For the State : Mr. Ajay Kumar, AC to GP-4 For Patna Municipal Corporation: Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2024 The present writ petition has been filed seeking the following reliefs:-

Patna High Court CWJC No.15266 of 2024(2) dt.05-10-2024 2/3 "1. That this is an application praying for issuance of writ in the nature of Mandamus or any other appropriate writ, order or direction for commanding the respondents to ensure uninterrupted water supply to the petitioners and their family members in their residential flats appertaining to House No. 19, Montessori School Lane, Boring Road, Patna as ordered by the Chairman, Maintenance Tribunal-cum-Sub-Divisional Officer, Patna Sadar, District Patna so as to ensure uninterrupted Electric supply. The petitioners further pray for the following reliefs:- i) The order dated 10.05.2024 & 20.6.2024, passed by the respondent S.D.O., Patna Sadar with a note of command to the local Police and private respondents to ensure uninterrupted water supply in the premises of the petitioners, as ordered in Tribunal Case No. 72/2019, be given effect to, so as to facilitate uninterrupted water supply in the petitioners' premises.

ii) The respondent Officer-in-charge of the Police Station be directed to obey the order passed by the competent authority in favour of the petitioners so far as it relates to providing uninterrupted water supply in the premises of the petitioners.

Patna High Court CWJC No.15266 of 2024(2) dt.05-10-2024 3/3 iii) Respondents be restrained from interfering with the right to privacy of the petitioners and to allow them to enjoy the easementary rights, unhindered.

iv) The respondents be directed to grant all consequential benefits to the petitioners."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the respondent authorities including the Chairman, Maintenance Tribunal-cumSub-Divisional Officer, Patna Sadar, District-Patna, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U