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Patna High CourtCWJC/18737/2018disposed

Praveen Kumar And ANR v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18737 of 2018 ====================================================== 1.

Praveen Kumar, Son of Late Siya Ram Singh, Resident of Keshawe, P.S.- Barauni, District- Begusarai.

2.

Mukesh Kumar, Son of Late Suresh Singh, Resident of Village- Keshawe, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Principal Secretary, Department of Civil Aviation, Bihar, Patna. 3.

Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.

4.

Director-cum-Special Secretary, Directorate of Civil Aviation, Cabinet Secretariat, Govt. of Bihar, Patna.

5.

The District Magistrate, Begusarai.

6.

The S.D.M., Begusarai.

7.

Bihar State Building Construction Corporation Ltd., Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav, AAG-11 ====================================================== 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 15.09.2018 is listed for hearing for the first time today before the Court.

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

Petitioners have prayed for the following relief/s: "(i) To construct motorable pitched road under any of the schemes sponsord by the State Govt. around the

Patna High Court CWJC No.18737 of 2018(2) dt.06-01-2020 2/3 boundary wall which is in the process of being erected for protection of the area of the aforesaid ULAO Aerodrome Begusarai.

(ii) To restrain the respondents from erecting boundary wall for ULAO Aerodrome till motorable/tractor is not constructed outside around the boundary wall." After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners 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 petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take 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.

Patna High Court CWJC No.18737 of 2018(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U