Dismissed¶33

Radhe Shyam Singh @ Radhe Shyam v. The State of Bihar

Patna HC11 Feb 2025L.P.A/37/2024

Case brief

AI extract

What is this about?

Patna High Court; Letters Patent Appeal No.37 of 2024 in Civil Writ Jurisdiction Case No.1943 of 2023; Radhe Shyam Singh v. State of Bihar & others; Garbage House/Waste Processing Unit; Rayati land; free access to main road; civic rights - garbage collection, processing, segregation, disposal; Single Judge order dated 30.11.2023; enquiry on access; appeal dismissed; Ashutosh Kumar ACJ; Partha Sarthy J; decision date 11-02-2025; NAFR.

What did the court decide?

The necessity of civic rights of people, which essentially includes collection of garbage at one place and processing and segregating it for easy disposal, cannot be denied. ¶28

Radhe Shyam Singh @ Radhe Shyam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.37 of 2024 In

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Civil Writ Jurisdiction Case No.1943 of 2023

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Radhe Shyam Singh @ Radhe Shyam S/o Late Nawal Kishore Sharma @ Nawal Singh, R/o Village Jagmal Bigha, Block Khusrupur, P.s. Khusrupur, Dist. Patna.

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... ... Appellant/s

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Versus

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The State of Bihar through The District Magistrate, Patna.

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The District Magistrate, Patna, District-Patna.

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The Deputy Development Commissioner, Patna, Vikas Bhavan, District Collectorate, Gandhi Maidan, District-Patna.

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The Block Developmnet Officer, Khushrupur, Block Khushrupur, DistrictPatna.

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The Circle Officer (C.O.), Block Khushrupur, District-Patna.

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Shiv Pratap, Advocate For the Respondent/s : Mr. AC to AAG-12 ======================================================

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 11-02-2025

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We have heard the learned counsel for the

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parties.

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The appellant is aggrieved by the order of

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Patna High Court L.P.A No.37 of 2024 dt.11-02-2025 2/3

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the learned Single Judge dated 30.11.2023 passed in C.W.J.C. No. 1943 of 2023, whereby the prayer made

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on behalf of the appellant for holding the construction of the Garbage House/Waste Processing Unit to be illegal, was rejected.

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It appears that a Garbage House/Waste Processing Unit had been set up at a place, which, accordingly to the appellant, disturbed his free access to the main road.

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The learned Single Judge found that it was not constructed on the Rayati land of the appellant

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and that the construction is complete in all aspects.

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Nobody could deny the necessity of civic rights of people, which essentially includes collection of garbage at one place and processing and segregating it for its easy disposal.

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