Punita Devi v. Sri Brajesh Mehrotra Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3580 of 2023 In Civil Writ Jurisdiction Case No.5462 of 2023 ====================================================== Punita Devi Wife of Late Ashok Kumar Singh, resident of village and PO Nawada PS- Chautham, District- Khagaria.

... ... Petitioner/s

Versus

1.

Sri Brajesh Mehrotra Principal Secretary, Revenue and Land Reforms Department. Govt. of Bihar, Patna.

2.

Amit Kumar Pandey, Collector, Khagaria.

3.

Amit Anurag, Sub-Divisional Officer, Khagaria. 4.

Pragaya Nainam, Circle Officer, Chautham, District-Khagaria. 5.

Minhaz Ahmed, Block Development Officer, Chautham, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Nibash Prasad, Advocate For the Opposite Party/s :

Additional Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2024 The District Magistrate, Khagaria is present in the Court and has submitted that the land appertaining to Khesra No.1137, situated at Mauza-Chautham, Thana No.171, admeasuring 3.673 decimal has been made available for the purposes of construction of Waste Proceeding Unit, however, the learned counsel for the petitioner has pointed out, by referring to a letter dated 02.03.2022, written by the Administrative Officer-cum-District Co-ordinator, Lohiya Swachh Bihar Abhiyan to all the Deputy Development Commissioner-cum-Deputy Chairman, District Water and

Patna High Court MJC No.3580 of 2023(5) dt.09-12-2024 2/3 Sanitation Committee that for the purposes of construction of Solid and Liquid Waste Management Unit, site having at least 3000 sq. feet space should be opted for, nonetheless, the learned District Magistrate, Khagaria, in reply has submitted that the said requirement is for construction of Solid & Liquid Waste Management Unit whereas in the present case only Solid Waste Processing Unit is to be constructed.

2. At this juncture, the learned District Magistrate, Khagaria submits that the aforesaid land in question has already been handed over to Gram Panchayat, Chautham and 'No Objection Certificate' has also been issued, thus, there is no impediment for the Gram Panchayat to construct a Waste Processing Unit.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present petition with liberty to the Gram Panchayat Chautham, including the petitioner herein to construct Waste Processing Unit over the aforesaid land in question, which shall not be impeded by the State authorities, however, in case the petitioner is still aggrieved by the size of the plot in question, she may seek redressal of the said grievance by taking recourse to the due process of law.

Patna High Court MJC No.3580 of 2023(5) dt.09-12-2024 3/3

4. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U