Jitendra Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18293 of 2017 ====================================================== 1.
Jitendra Singh, Son of Nathuni Singh, Resident of Village- Semra, Post Office- Muradabad, Police Station- Agrer, District- Rohtas. 2.
Anand Kumar Singh Son of late Ram Rekha Singh Resident of VillageSemra, Post Office- Muradabad, Police Station- Agrer, District- Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue Department, Govt. of Bihar, Patna 2.
The District Magistrate, District Rohtas, Sasaram. 3.
The District Welfare Officer, Sasaram, District Rohtas. 4.
The Executive Engineer, Sone Ucha Stariya Nahar Division, Water Resources Department, Sasaram.
5.
The Executive Engineer, Bhawan Nirman Vibhag, Sasaram. 6.
The Sub-Divisional Officer, Sasaram, District- Rohtas. 7.
The D.C.L.R. Sasaram, Rohtas.
8.
The Circle Officer, Sasaram, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Respondent/s :
M/s. Abhoy Kumar Kashyap, Prerna Anand, A.C. to G.P. 18 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 18-02-2020 Heard the parties.
This writ petition in form of public interest litigation has been filed on behalf of petitioners in representative capacity to restrain the respondent authorities from making construction of boundary wall of government girls school and hostel which is being constructed by the State authorities in
Patna High Court CWJC No.18293 of 2017 dt.18-02-2020 2/3 Village Semera, P.O. Murdabad, P.S. Agrer, District, Rohtas as construction of boundary wall will cause obstruction in approach road as well as cause hindrance in free flow of water for irrigating cultivable land.
The above girls school with hostel is managed and controlled by Welfare Department, Government of Bihar and for safety and security of girls school and hostel, it was felt necessary to construct a boundary wall, however, according to the petitioners, construction of boundary wall is causing obstruction in approach road as well as free flow of water for irrigation purpose and on representation filed by petitioners, Junior Engineer of said area by letter dated 10.6.2017 apprised the authorities about the hardship which the villagers and farmers may face due to construction of said boundary wall and a joint representation dated 6.11.2017 was filed by the villagers and farmers to the District Magistrate, Sasaram, but same was never attended.
The writ petition is disposed of with a direction to petitioners to file a detailed representation to the District Magistrate, Sasaram who shall consider the hardships and difficulty faced by villagers/ petitioners and shall take necessary remedial measures to redress their grievances within eight
Patna High Court CWJC No.18293 of 2017 dt.18-02-2020 3/3 weeks from the date of filing of any such representation by the petitioners.
It is made clear that boundary wall, as proposed for the girls school and hostel has to be constructed, if not yet constructed.
(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.02.2020 Transmission Date NA