Patna High Court
Md Sarjan Alam vs The State Of Bihar on 18 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7475 of 2023
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1. Md Sarjan Alam Son of Late Sheikh Musa, Resident of Rupauhali Ward No.
9, P.S. Parbatta, District- Khagaria.
2. Md. Noman Son of Late Sheikh Irfan, Resident of Rupauhali Ward No. 9,
P.S. Parbatta, District- Khagaria.
3. Kumar Prem Chandra Son of Shiv Shankar Bhagat, Resident of Rupauhali
Ward No. 9, P.S. Parbatta, District- Khagaria.
4. Kumar Gyan Chandra Son of Late Shiv Shankar Prasad Bhagat, Resident of
Rupauhali Ward No. 9, P.S. Parbatta, District- Khagaria.
5. Kumar Uday Chandra Bhagat Son of Late Shiv Shankar Bhagat, Resident of
Rupauhali Ward No. 9, P.S. Parbatta, District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Panchayati Raj
Department, Bihar, Patna.
2. The Addl. Principal Secretary, Department of Road Construction, Bihar,
Patna.
3. The Addl. Principal Secretary, Nagar Bikas Department, Bihar, Patna.
4. The Commissioner, Munger.
5. The District Magistrate cum-District Collector, Khagaria.
6. The Addl. Collector, Khagria-cum Executive Officer, Zila Parishad,
Khagaria.
7. The D.D.C.- cum- Executive Officer, Zila Parishad, Khagaria.
8. The Executive Officer, Nagar Panchayat, Parbatta, District- Khagaria.
9. The Block Development Officer, Parbatta Blok, District- Khagaria.
10. The Circle Officer, Parbatta Block, District- Khagaria.
11. The Executive Engineer, R.C.D. Division, Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the State : Mr. Kameshwar Prasad Gupta, GP-10
Mr. Satya Vrat, AC to GP-10
For Zila Parishad : Mr. Nikesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-12-2023
Heard Mr. Md. Najmul Hodda, learned counsel
Patna High Court CWJC No.7475 of 2023 dt.18-12-2023
appearing on behalf of the petitioners; Mr. Kameshwar Prasad
Gupta, learned GP-10 assisted by Mr. Satya Vrat, learned AC to
learned GP-10 and Mr. Nikesh Kumar, learned counsel for the
Zila Parishad, Khagaria.
2. The petitioner has filed the writ petition for
following relief(s), which inter alia is reproduced hereinafter:
"(i) For issuance of a writ of mandamus or any other
appropriate writ order or direction restraining the Chief
Executive Officer, Zila Parishad Khagaria from constructing 102
stall/shop by the side and upon the land of Public Road
(Sultanganj, Aguwani Parbatta Maheshkhut Main Road) in gross
violation and objection raised by the general public and the
public Road Construction Department situated.
(ii) For issuance of a writ of certiorari or any other
appropriate writ order or direction for quashing the
Advertisement for allotment of the aforesaid 102 stalls/shop in
requisite and prescribed forms up to 27.04.2023.
(iii) For issuance of an appropriate writ order or
direction for grant of an ad-interim stay of the Advertisement for
allotment of proposed construction and allotment of stalls upon
the said land i.e. Khata no. 186, Khesra no.201 Mauza Parbatta
English as the aforesaid road is going in the widening process
due to heavy traffic on the start and opening of Sultanganj
Ganga Bridge.
(iv) For any other relief/reliefs for which the petitioners
may be found entitled in the facts and circumstances of this
case."
3. Considering the nature of relief(s) sought for in
the present writ petition, this Court is shocked by the manner in
which the Principal Secretary, Panchayati Raj Department, has
allowed the Executive Officer, Zila Parishad, Khagaria, to
construct shop without there being any master plan for the
District. If there is a master plant, at least, the petitioner must
have been made aware of the said fact.
Patna High Court CWJC No.7475 of 2023 dt.18-12-2023
4. The Principal Secretary, Panchayati Raj
Department, is directed to ensure that construction should not
violate the existing master plan and, in case, there is no master
plan, then he must first proceed to prepare a master plan for the
Nagar Parishad, Khagaria, which has been notified in
accordance with the population and once the population exceeds
then it can be converted into municipality. To avoid illegal
constructions and unplanned growth he is duty bound to
exercise for future development of the area.
5. Any development without any plan is not the
mandate of the Constitution of India, as well as, the Act.
6. Accordingly, the present writ petition is disposed
of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 20.12.2023
Transmission Date N/A
