A PIL regarding a garbage dump yard in Phulwarisharif was disposed of by directing the Executive Officer to decide the petitioner's representation within two months.
Direction to Executive Officer, Nagar Parishad, Phulwarisharif, to decide the representation on garbage dump yard grievances within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9077 of 2020
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Md. Karim Uddin Siddiqui Son of Md. Ayub Siddiqui resident of Sapana Apartment, Flat No. C/3, 1st Floor, Naya Tola Khajanchi Road, Patna-4
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anwar Karim, Adv For the Respondent/s : Mr. Y.P. Sinha, AAG-7
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(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 14-12-2020
Heard learned counsel for the parties.
Petitioner has prayed for the following relief:-
"That this writ application is being filed in the representative capacity by way of Public Interest Litigation espousing the cause of people of the locality of Phulwarisharif (Kurkuri). This writ application is being filed
Patna High Court CWJC No.9077 of 2020 dt.14-12-2020 2/3
for commanding the respondents particularly the respondent District Magistrate as also the Chief Executive Officer, Nagar Parishad Phulwarisharif to shift the garbage dump yard from Phulwarisharif Kurkuri to any other place immediately in order to take preventive measure for not spreading any other disease, This writ application is also being filed for restraining the respondents from construction of boundary wall of the garbage dump yard."
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. 7 Executive Officer, Nagar Parishad, Phulwarisharif, 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. 7 Executive Officer, Nagar Parishad, Phulwarisharif , 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
Patna High Court CWJC No.9077 of 2020 dt.14-12-2020 3/3
the need so arises subsequently on the same and subsequent cause of action.
The writ petition is accordingly, disposed of.
(Sanjay Karol, CJ)
| ranjan/- | (S. Kumar, J) | |
|---|---|---|
| AFR/NAFR | NAFR | |
| CAV DATE | NA | |
| Uploading Date | ||
| Transmission Date | NA |
ranjan/-
1 issue framed by the court
Whether the Tribunal ought to order disposal of representations concerning garbage dump yard grievances.
Md. Karim Uddin Siddiqui
The State of Bihar
The Executive Officer, Nagar Parishad, Phulwarisharif
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
