Writ petition concerning stalled construction of an embankment on the Bagmati river. The court held the matter must be resolved through the constituted committee and an administrative authority rather than via Article 226 jurisdiction.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13555 of 2017
=========================================================== Binod Kumar Singh, S/o Late Mahendra Prasad Singh, Resident of Village + PostMaheshwara, P.S. Gaighat, District- Muzaffarpur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
===========================================================
Appearance : For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Advocate Mr. Raju Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 Mr. Amit Kumar Jha, AC to AAG-4
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 14-11-2017
In the matter of construction of an embankment on river Bagmati inter alia contending that the work of construction has been stalled and no action is being taken, the writ petition has been filed.
From the counter affidavit filed by the State Government, it is seen that in the matter of construction of embankment, two groups have been created, one in favour of the construction and the other opposing the construction on various grounds.
Patna High Court CWJC No.13555 of 2017 dt.14-11-2017
2/2
Faced with the aforesaid situation, the counter affidavit filed by the State Government goes to show that a committee has been constituted to look into the matter and resolve the issue and, taking note of the nature of dispute, we are not inclined to exercise the extra jurisdiction under Article 226 of the Constitution in this PIL. The petitioner may take up the matter to the Administrative authority who shall resolve the issue after discussion. The issue involved in the matter cannot be agitated in a petition under Article 226 of the Constitution.
With the aforesaid observation, we dispose of the
matter.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
Uday/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 17.11.2017 |
| Transmission Date |
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Binod Kumar Singh
The State of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
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