Anil Kumar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17008 of 2018 ====================================================== Anil Kumar Thakur S/o Late Ramjee Thakur R/o Village - Amritpur, P.S. - Tajpur, District - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Samastipur.

4.

The Circle Officer, Block Morwa, District - Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 24.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: " For issuance of an appropriate writ/order/direction in the nature of mandamus directing the respondent authorities to consider the representation of the petitioner and to stop the construction of mobile tower in the midst of Village-Amritpur, P.S.-Tajpur, District-Samastipur as the same is being constructed in violation of Guidelines prescribed for installation of Mobile Towers causing health hazards to the residents of the village and for any other relief or

Patna High Court CWJC No.17008 of 2018(2) dt.06-01-2020 2/2 reliefs which the petitioner may found to be entitled in the facts and circumstances of the case. " After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) BT/-rahul U