The petitioner challenged the construction of a Water Tower at a specific location. The court held that site selection falls within the exclusive domain of technical experts and refused to exercise judicial review to substitute the authority's decision, dismissing the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2065 of 2016
=========================================================== Rahul Ranjan, Son of Dharmendra Kumar Akela, resident of Village- Lakhma Bigha, P.O- Bisai Bigha, P.S.- & Block- Parwalpur, District- Nalanda.
.... .... Petitioner/s
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mrs. Asha Verma, Advocate. Mr. Amarendra Kumar Singh, Advocate. For the Respondent/s : Mrs. Namrata Mishra, G.A.-6 Mrs. Archana Jha, A.C. to G.A.-6
=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 11-11-2016
Heard learned counsel for the parties.
this Court calling upon the respondents to construct Water Tower on the Gairmajarua Aam Land in Khata No. 356, Khesra No. 1887, Mauza- Chansanda, Thana No. 56, District- Nalanda. Such Water Tower is being constructed in pursuance of a decision taken by the State to ensure supply of safe drinking water to every villager.
Patna High Court CWJC No.2065 of 2016 dt.11-11-2016
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basis of an inquiry conducted by the Halka Karamchari, Circle Inspector and local Mukhiya but suddenly, Circle Officer, Parwalpur issued Land Availability Certificate declaring therein that the land pertaining to Mauza- Chausanda, Thana No. 56, Khata No. 356, Khesra No. 1839 is available for construction of Water Tower. The petitioner challenges the construction of Water Tower at such location.
Patna High Court CWJC No.2065 of 2016 dt.11-11-2016
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(Hemant Gupta, ACJ)
(Ahsanuddin Amanullah, J)
P.K.P.
AFR/NAFR A.F.R. CAV DATE N.A. Uploading Date 16.11.2016 Transmission Date
2 issues framed by the court
Whether the High Court can substitute the decision of the competent authority regarding the location for constructing a Water Tower.
Whether the motive behind the petitioner's objection constitutes a justiciable ground for interference.
Rahul Ranjan
The State of Bihar through the Principal Secretary Public Health Engineering Department, Government of Bihar
The District Magistrate, Nalanda
The Sub Divisional Officer, Public Health Sub-Division, Ekangar Sarai
The Executive Engineer, Public Health Engineering Division, Hilsa
The Circle Officer, Parwalpur, Nalanda
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
