Prabhudeo Narain Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20310 of 2019 ====================================================== Prabhudeo Narain Verma Son of Late Hoshila Prasad, Resident of MohallaChandmari Ekauna, P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Urban Development Department, Government of Bihar at Patna.

2.

The District Magistrate, East Champaran at Motihari, P.O. Motihari. of P.S. Motihari Town, District - East Champaran.

3.

The Sub-Divisional Magistrate, East Champaran at Motihari, P.O. Motihari. of P.S. Motihari Town, District - East Champaran. 4.

The Executive Officer, East Champaran at Motihari, P.O. Motihari. of P.S. Motihari Town, District - East Champaran.

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

For the Petitioner/s :

None For the Respondent/s :

Mr.Kinkar Kumar (S.C.-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2023 No one appears on behalf of the petitioner although the State, Nagar Parishad, Motihari are present. The present petitioner has been preferred for the following relief:- for a direction upon the respondent authorities to maintain the level of the road and drain under construction in front of the house of the petitioner and not to raise the height of the road and drain above the plinth level in front of the house of the petitioner causing obstruction and public-nuisance on the road in general and further causing obstruction in

Patna High Court CWJC No.20310 of 2019(4) dt.24-07-2023 2/2 opening the gate of the petitioner house, in particular. As per the counter affidavit, it is not the fact that the road level has been heightened rather there was no road and for the first time the said construction was being made and the house of the petitioner was on low side and thus this writ petition has been filed on wrong facts.

The counter affidavit was put on oath on 28.1.2020 and there is no rejoinder to the same and such accepting the State version, the petition stands disposed of observing that no direction is required.

(Rajiv Roy, J) Ravi/- U