Patna High Court
Prakash Sahay vs The State Of Bihar on 17 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11585 of 2023
======================================================
Prakash Sahay, Advocate, S/o Late Sri Raman JI, Resident of B 402, Prachi
Ashirwad Apartment, behind Abdul Hai Complex, Exhibition Road, Patna
800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
3. The State of Bihar through Principal Secretary cum The Commissioner,
Patna Municipal Corporation, Maurya Lok Complex, Patna 800001.
4. The Principal Secretary cum The Commissioner, Patna Municipal
Corporation, Maurya Lok Complex, Patna 800001.
5. Principal Secretary cum The Commissioner, Urban Development and
Housing Department Secretariat, Patna 800001.
6. The Divisional Commissioner, Patna Division, Patna.
7. The District Magistrate, Patna, District-Patna.
8. The Sub-Divisional Officer, Patna City, District-Patna.
9. The Superintending Engineer, Building Circle, Patna.
10. The Executive Engineer, Patna City Building Division, Gulzarbag, Patna
11. The Assistant Engineer, Building Sub-Division, Gulzarbag, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Sahay, Advocate
For the Respondent/s : Mr. Anjani Kumar (AAG-4)
Mr. Alok Kumar Rahi, AC to AAG-4
Mr. Utkarsh Bhushan, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-10-2023
The above writ petition was filed on the ground that
the gate of one Bihar Netraheen Parishad School for blind girls
is being blocked by the construction of the Pariksha Parishad
Patna High Court CWJC No.11585 of 2023 dt.17-10-2023
building.
2. The learned Additional Advocate General-IV Sri
Anjani Kumar, on instructions, submitted that the school is run
by a non-governmental organization and the plea projected is
also based on the grievance of the occupants of a residential
complex in the vicinity. The Pariksha Parishad building is
constructed in a Government land and earlier while it was lying
vacant, there was ingress and egress through the property which
has now been interdicted. This is the reason for the public
interest litigation is the submission.
3. We directed the Member Secretary, Bihar State
Legal Services Authority to depute a Judicial Officer attached to
the Bihar State Legal Services Authority to conduct an
inspection. The inspection report is placed on record. It has been
stated that on inspection it was found that the approach road to
the school is not in a good condition and was not at all
motorable. There were also photographs taken which have been
produced along with the report. The main entrance gate of the
school and the Pariksha Parishad building is shown in the two
photographs marked as C-1 and C-2. There is no obstruction
caused to the entrance of the school. A road leads onto the gate
of the school and the right side of the road is a gate to enter the
Patna High Court CWJC No.11585 of 2023 dt.17-10-2023
property where the Pariksha Parishad building is constructed.
4. We find no obstruction as such having been caused.
However, considering the fact that it is a girls school for the
differently abled that the road leads to, it is directed that the
Government would ensure that a properly constructed road is
made thereon, at least up to the entrance of the girls school.
5. With the above direction, the writ petition stands
disposed of.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
Sunil/-
AFR/NAFR
CAV DATE
Uploading Date 18.10.2023
Transmission Date
