Ishwar Chandra Prasad vs The State Of Bihar
2023 Latest Caselaw 4082 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.5350 of 2023
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Ishwar Chandra Prasad S/o Late Bhagwan Sah, Resident of Mohalla - Kiran Chowk Ward No. - 14, under Nagar Nigam Sitamarhi, P.S. and Dist. - Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate Sitamarhi, Dist. -

Sitamarhi.

2. The Chairman Nagar Parishad, Sitamarhi, Dist. - Sitamarhi.

3. The Sub-divisional officer Sitamarhi Sadar, Dist.- Sitamarhi.

4. The Executive Officer Nagar Parishad Sitamarhi, Dist. - Sitamarhi.

5. Bindu Singh W/o Late Ram Nek Singh, Resident of Mohalla - Kiran Chowk ward No.- 14, under Nagar Nigam Sitamarhi, P.S. and Dist. - Sitamarhi.

6. Pramod Kumar S/o Bhanu Patel, resident of Mohalla - Kiran Chowk ward No. - 14, under Nagar Nigam Sitamarhi, P.S. and Dist. - Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur, Adv. For the Resp-State : Md. Syed Abdul Majid, Adv.

For the MCS : Mr. Subodh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023

Heard the parties.

2. The petitioner has approached this Court by

preferring the present writ application under Article 226 of the

Constitution of India, seeking a direction upon the respondent-

authorities to make arrangement for pump out the drainage/wastage

water from the house of the petitioner as well as the local

resident(s) situated therein, which has occurred owing to

sewerage blockage by the private-respondents.

3. Learned counsel for the petitioner submits that for Patna High Court CWJC No.5350 of 2023 dt.28-08-2023

proper disposal of drainage/wastage water, the petitioner has

approached before the concerned respondent-authorities way

back in the year 2014 itself, but till date the same has not been

looked into and the grievance of the petitioner as well as the

local residents is still subsisting. He further contended that

despite repeated requests and the representations, no action has

been taken, which compelled the petitioner to approach this

Court.

4. On the other hand, learned counsel for the

Sitamarhi Municipal Corporation submits that from the

representation, it would appear that there are certain holding

dues against the petitioner which is pending since long and

moreover it appears that there is a private dispute between the

petitioner and the private respondent nos. 5 and 6.

5. Having considered the submissions made on behalf

of the parties and taking into nature of the dispute, the present

writ application stands disposed of with a liberty to the

petitioner to file a fresh representation before the respondent

no.4, Executive Officer Nagar Parishad, Sitamarhi, within a

period of four weeks from today.

6. If such a representation is filed within the stipulated

period, the respondent no.4, Executive Officer Nagar Parishad, Patna High Court CWJC No.5350 of 2023 dt.28-08-2023

Sitamarhi, shall consider the same and pass a reasoned and

speaking order and, in course of inspection, if any water logging

is found, he will take proper action to remove it within further

period of eight weeks thereof.

(Harish Kumar, J) rohit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31-08-2023
Transmission Date