Kiran Kumar Sinha vs The State Of Bihar
2023 Latest Caselaw 707 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1496 of 2023
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Kiran Kumar Sinha Son of Late Vaidya Nath Prasad Sinha, Resident of Village- Usri, P.O.- Usri, P.S.- Sahpur, Danapur, District- Patna PIN- 801105.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The District Rural Development Agency, Patna.

3. The Deputy Development Commission, Patna.

4. The Collector-cum-District Magistrate, Patna.

5. Sub Divisional Officer, Danapur, District- Patna.

6. Block Development Officer, Block- Danapur, District- Patna.

7. The Circle Officer, Danapur, District- Patna.

8. The Mukhiya, Village-Usri, Panchayat- Hathiyakandh, Danapur Block, District- Patna.

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

For the Petitioner/s : Mr. Sanjeev Kumar Nirala, Advocate For the Respondent/s : Ms. Roona, AC to GP 7 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 07-02-2023

In the present writ petition, filed in the nature of

public interest litigation, the petitioner has a grievance that

construction of waste dumping site is underway adjacent to a Patna High Court CWJC No.1496 of 2023 dt.07-02-2023

pond - cum - Chhath Ghat located at Usari Bazar, which

should be shifted to another suitable place as the present

location is likely to cause obstruction in performing Chhath

Puja and may adversely affect the religious sentiments of the

local inhabitants.

This Court, exercising writ jurisdiction under

Article 226 of the Constitution of India, does not have the

judicially determinable parameters to decide as to which place

would be most suitable for construction of the waste dumping

site. It has emerged from the submission made on behalf of

the petitioner that Mukhiya of the village himself is

instrumental in construction of the waste dumping site.

The petitioner has not been able to demonstrate,

based on pleadings in the writ application, that there has been

violation of any legal or constitutional right by construction

of the said waste dumping site.

In our opinion, thus, no interference is required by

this Court in the present matter.

We, however, make it clear that the petitioner shall

be at liberty to invoke the provisions of the Bihar Right to

Public Grievance Redressal Act, 2015 raising the grievances

which he has raised in the present writ application.

Patna High Court CWJC No.1496 of 2023 dt.07-02-2023

This writ application stands disposed of

accordingly.

                                       (Chakradhari Sharan Singh, ACJ)


                                                   ( Partha Sarthy, J)
Spd/-Shiv
AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          09.02.2023
Transmission Date       N.A.