In a public interest litigation regarding encroachments on a public road causing traffic jams in Patna, the High Court disposed of the petition by directing the District Magistrate to consider a representation within two months.
Direction to District Magistrate, Patna to consider and decide the petitioner's representation within two months of receipt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20435 of 2018
======================================================
Alok Raj S/o Late Vijay Kumar Rai, presently residing Near Priyadarshi
Hospital, Naya Tola, Bhagwat Nagar, Kumhrar, Patna- 800 026.
... ... Petitioner/s
Versus
Bihar, Patna.
... ... Respondent/s
======================================================
(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
Appearance : For the Petitioner/s : Mr. Natraj Ahmad, Adv For the Respondent/s : Md. Majid Mahboob Khan AC to AAG-12
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 07-12-2020
Heard learned counsel for the parties.
Petitioner has prayed for the following relief:-
"That the instant Public Interest Litigation is being filed before this Hon'ble High Court for directing the respondents State to take all measures for ensuring removal of Encroachment, which is said to have been made by some
Patna High Court CWJC No.20435 of 2018 dt.07-12-2020 2/3
of the residents of the locality over the Public Road connecting the Kankarbag Main Road (old By pass) through Naya Tola, Kumhrar to New by pass, Patna, situated over Mauja-Kumhrar, Thana No. 12, Khata No. 577 and 495, Khesra No. 27, 26, 731, 25/1581 and 128, as per the report of the Revenue Karmachari, by constructing a house which consequently, very often occasions Traffic Jam, by causing great hindrance in free flow of the traffic."
After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 3 District Magistrate, Patna, to consider and decide the representation with respect to grievances raised in such representation.
Learned counsel for the respondent states that if such representation is filed before the respondent no. 3 District Magistrate, Patna, same shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law.
Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent
Patna High Court CWJC No.20435 of 2018 dt.07-12-2020 3/3
cause of action.
The writ petition is accordingly, disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | |
| Transmission Date | NA |
Alok Raj S/o Late Vijay Kumar Rai
The State Of Bihar
The Principal Secretary, Department of Road Construction, Government of Bihar, Patna
The District Magistrate, Patna
The Circle Officer, Patna Sadar, District- Patna
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
