Ram Bahadur Pandey vs Union Of India Through The ...
2023 Latest Caselaw 2212 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11315 of 2021
     ======================================================

1. Ram Bahadur Pandey son of Late Mukhtar Pandey resident of village -

Satpipra (Bhumihari Tola), P.O. and P.S. Ramgarhwa, District- East Champaran at Motihari.

2. Shambhu Rai son of late Amrit Rai Resident of village - Satpipra (Bhumihari Tola), Ward No. 15, P.O. and P.S. Ramgarhwa, District- East Champaran at Motihari.

... ... Petitioner/s Versus

1. Union of India through the Ministry of Railway, New Delhi through the Chairman.

2. The Chairman, Railways Board, New Delhi.

3. The General Manager, East Central Railways, New Delhi.

4. The Divisional Rai Manager, North Eastern Railways, Samastipur.

5. The District Magistrate, East Champaran at Motihari.

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s : Dr. Krishna Nandan Singh, ASG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-05-2023

The above writ petition, filed in Public Interest,

seeks for a direction to the Railways to provide a level crossing

facility between K.M. 14.10 and K.M. 14.11 on the Sugauli-

Raxaul Railway line near Ramgarhwa Railway Station. It is

contended that this would facilitate safe crossing of the railway

line by numerous villagers around the railway track.

The learned counsel for the petitioner specifically Patna High Court CWJC No.11315 of 2021 dt.09-05-2023

referred to the map produced as Annexure- P-1 to point out the

road which passes through the railway line. It is submitted that

the road exists in the revenue map and it was so existing even

prior to independence. It was the railway line which came later

on expansion of the track between Sugauli and Raxaul. It is

pointed out that there is a proposal to disconnect the access

through the road by providing blockade on both sides of the

railway track. On the said plan of the Railways coming to the

knowledge of the residents, a number of public petitions were

filed, one of which is produced as Annexure- P-2. It is stated in

paragraph no. 12 that the District Magistrate inspected the

premises and considered the request of the villagers, but no such

report or order is produced by the petitioner.

Be that as it may, it is also to be noticed that the

District Magistrate is not the final authority insofar as providing

for railway gates and this is exclusively within the jurisdiction

of the Railways. Further, representations are also produced as

exhibits, based on which the above writ petition is filed for a

direction to provide for the railway gate.

The Railways have filed a counter affidavit dated

01.10.2021. It is admitted that there is no railway crossing

between Sugauli and Ramgarhwa at K.M. 14/10-11 but Patna High Court CWJC No.11315 of 2021 dt.09-05-2023

however, it has come to the notice of the Railways that there is

unauthorized trespassing into the railway lines by the villagers

of the area, which is very unsafe and dangerous for the villagers

themselves. It is to keep out the unauthorized trespass, the

Circle Officer of Ramgarhwa Block was deputed as Magistrate

for closing the unauthorized trespass on 29.01.2021 with the

help of G.R.P. and R.P.F. along with Sr. Section Engineer(W),

Sugauli. Only by reason of the agitation and protest of the

villagers, the work of closure could not be carried out. It is also

pointed out in the counter affidavit that already there is a level

crossing having no. 09 at K.M. 15/4-5 which is approximately

456 meters from the portion where there is unauthorized

trespass.

We are not convinced that any direction, as sought

for in the writ petition, can be granted. The railway lines which

also provide the means of transport to the travelling public

cannot be allowed to be criss-crossed and trespassed at every

point where there is a road crossing the rail track or in the

alternative, the rail track crossing the road. The petitioner admits

that in the initial stage when the railway track came into place,

there was not much traffic on the road, but now it has increased

exponentially. Hence even if the railway track was laid across Patna High Court CWJC No.11315 of 2021 dt.09-05-2023

the road there was no requirement for a crossing to be provided

at the specific location pointed out by the petitioners. It has also

come out in the counter affidavit that just less than half a

kilometer away there is a level crossing provided. It is not

feasible for the Railways to provide level crossing at every spot

where a road crosses the railway line. In fact, if blockade is

created it would effectively prevent trespass; which is also a

measure to protect the villagers from loss of life due to collision

by a running train.

We find no reason to entertain the writ petition and

dismiss the same.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) aditya/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          16.05.2023.
Transmission Date