Patna High Court disposed of writ application challenging Railway foot over bridge location. Court held matter not examinable in writ jurisdiction and permitted petitioner to pursue pending representation before District Magistrate.
Writ application disposal permitting petitioner to pursue representation before District Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19872 of 2015
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.... .... Petitioner/s Versus
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 12-02-2016 Where the Railway foot over bridge shall be constructed is an issue raised in this application.
The contention of the petitioner is that the Railway food over bridge is being constructed on the government land which shall obstruct ingress and egress of the petitioner. It is also contended that there is vacant government land available close to the north and west side of the present location of the foot over bridge.
Such matter, in my view, cannot be examined in writ jurisdiction.
Counsel for the petitioner submits that a representation
Patna High Court CWJC No.19872 of 2015 (2) dt.12-02-2016
2/2
filed before the District Magistrate in this regard is pending consideration.
Having heard the parties, the writ application is disposed of permitting the petitioner to pursue the representation before the District Magistrate in accordance with law. Needless to observe that if any such application is filed or is already filed by the petitioner, the same shall receive due consideration and expeditious disposal by the respondent District Magistrate.
(Kishore Kumar Mandal, J)
Pankaj/-
U
1 issue framed by the court
Whether the issue of Railway foot over bridge construction obstructing ingress and egress can be examined in writ jurisdiction.
Shyamal Kumar
The State of Bihar
The District Magistrate-cum-Collector, East Champaran at Motihari
The Divisional Railway Manager, North East Railway Zone Hajipur
The Executive Engineer, Road Construction Department, Motihari
The Chief Executive Officer, Nagar Parishad, Motihari
Kishore Kumar Mandal
As recorded by the court registry
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