The High Court at Patna dismissed a writ petition seeking restraint on government construction of a water tank at the petitioner's residence due to obstruction concerns, granting liberty to approach the District Magistrate.
Liberty granted to approach the District Magistrate, Patna.
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.8007 of 2021
======================================================
Captain Deepak Kumar Sinha @ Deepak Kumar Son of Late Basudeo Sinha Resident of Village Dhibra, P.S. Punpun, Anchal Phulwarisharif, District Patna.
... ... Petitioner/s
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shantanu Kumar, Adv. For the Respondent/s : Mr.Lalit Kishore, AG ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 08-08-2023
The present writ petition has been filed seeking the
following reliefs:-
“1.(i) The respondents may be restrained to construct water tank or any other Government construction at the door of residential house of the petitioner as it will obstruct the movement of four wheeler vehicle to the house of petitioner as well as light and air will also be obstructed to his house. (ii) That there is better alternative place available at a short distance of about 200 meters from the place denoted to the Government of Bihar by late Bishupath Singh (11 dismils) and late Abhilash Singh (7 dismils) for public utility purposes. Both the lands are adjacent and becomes total area of 18
Patna High Court CWJC No.8007 of 2021(3) dt.08-08-2023
2/2
dismils. In one side of this area there is Panchayat Bhawan in about 2 kathas and about 4 kathas lands are vacant where this tank can be constructed without any disturbance to anybody. About 72 persons with joint signatures have made a representation to the Government authority to construct the tank on donated land as such the respondent, may be directed to construct the over head water tank on this land donated by Villagers. (iii) That there is four (4) ways meeting point of Roads near the door of petitioner and there are two BARGAD trees and a CHABUTRA there and village people sit in the shade of this trees in leisure period as such construct of over head water Tank is dangerous for people. Any Government Scheme is initiated for benefit of all and not to disturb anybody but due to village politics it is happening.”
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.
The present writ petition stands disposed off.
(Mohit Kumar Shah, J)
sonal/-
U
Captain Deepak Kumar Sinha
The State of Bihar through the District Magistrate cum Collector Patna District
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
