Writ petition challenged construction of a waste processing unit on public land and sought direction to construct at earlier allotted land. After an enquiry committee report showed a 7-feet road space left for petitioner's access to his land, counsel submitted the petitioner was satisfied and sought disposal; court disposed of the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3332 of 2024
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Surya Narain Jha S/o Kashi Naresh Jha, R/o - Village- Dadarears, P.S. Baheri, District - Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Suraj Narain Yadav, Advocate For the Respondent/s : Standing Counsel (15) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
4 18-11-2024
The present writ petition has been filed
seeking the following relief:-
“1. That this writ application is being filed for issuance of an appropriate writ, order and direction for quashing letter no. 688 dated 24.07.2023, issued by the Circle Officer, Hayaghat whereby and whereunder the Block Development Officer, Hayaghat has been requested to make construction of WPU at Hayaghat Block of Sidhauli Panchayat, appertaining to Khata No. 819, Khesra No. 920, which is road and public land and for further directing the respondents to ensure that construction is made at the earlier allotted land,
Patna High Court CWJC No.3332 of 2024(4) dt.18-11-2024 2/2
which is situated at Mauja Shobhnathpatti, Thana No. 577, Khesra No. 1000.”
petitioner has submitted, by referring to the enquiry report submitted by the Joint Enquiry Committee dated 21.06.2024, that although the construction work of the waste processing unit has already stood completed, however, adjacent to the said waste processing unit, 7 feet space has been left for the purposes of road (Rasta) in order to enable the ingress and egress of the petitioner viza-viz his land, situated at Khesra Nos. 1686 and 1687, hence the petitioner is satisfied at the moment, inasmuch as the respondents have taken care that the way of the petitioner to his land is not obstructed. Thus, it is submitted that the present writ petition be disposed off.
(Mohit Kumar Shah, J)
S.Sb/-
U
1 issue framed by the court
Whether the construction of a waste processing unit on public land obstructed the petitioner's access to his land.
Surya Narain Jha
The State of Bihar through the Chief Secretary, Government of Bihar, Patna
The Collector, Darbhanga
The District Yojana Officer, Darbhanga
The Sub-Divisional Officer, Darbhanga
The Circle Officer, Hayaghat
Mohit Kumar Shah
As recorded by the court registry
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