Patna High CourtCWJC/10015/2018disposed

Dr. Md. Waliullah v. The State Of Bihar And ORS

2018-07-04Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10015 of 2018 ====================================================== Dr. Md. Waliullah, Son of Md. Amanullah Resident of Village and Post Office - Kumhrouli, Police Station - Kamtaul, District - Darbhanga (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Darbhanga, District - Darbhanga.

3. The Senior Superintendent of Police, Darbhanga, District - Darbhanga.

4. The Sub-Divisional Magistrate, Darbhanga, District - Darbhanga.

5. The Block Development Officer, Jale, District - Darbhanga.

6. The Circle Officer, Jale, District - Darbhanga.

7. The M.D. Airtel Mobile Tower through Regional Manager/Director Airtel Mobile Tower, Darbhanga.

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

For the Petitioner/s :

Mr. Upendra Prasad Singh, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2018 Inter alia contending that a mobile tower has been illegally constructed by a particular Company in a residential area, this petition has been filed in public interest. The question of construction of a mobile tower stands settled by various judgments of the Supreme Court and now in case the mobile tower is being constructed contrary to the requirement of law, petitioner may bring all these facts and point out the violation to the District Magistrate concerned and it would be for the District Magistrate concerned to proceed in accordance with law with regard to the issue in question.

Patna High Court CWJC No.10015 of 2018(3) dt.04-07-2018 2/2 Except for making the aforesaid observation and granting liberty to the petitioner, we find no case made out for any indulgence. We leave it to the District Magistrate to deal with the issue in accordance with law.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./R.S.SenU