Patna High Court - Orders
Dedicated Freight Corridor ... vs The District Magistrate Cum Collector, ... on 3 July, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6234 of 2014
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Dedicated Freight Corridor Corporation of India Ltd.
.... .... Petitioner/s
Versus
The District Magistrate -cum- Collector, Rohtas & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Keshari
For the Respondent/s : Mr. H.S. Sundaram, AC to SC-10
For the Nagar Parishad : Mr. R.C. Sinha
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 03-07-2014Let the Eastern Central Railway through its General Manager be added as respondent no.6 to the proceedings during the course of the day.
Let two copies of the present writ petition be served upon the Standing Counsel for the Railways by Monday i.e. 7.7.2014.
The petitioner is a Government of India Corporation incorporated under the Companies Act, 1956 and has undertaken a project of construction of freight corridors. In so far as the present case is concerned, the project is to start from Punjab and after passing through Uttar Pradesh, Bihar, Jharkhand and terminate in West Bengal and which project is for ensuring the smooth and efficient movement of railway freights.
It is the case of the petitioner that the project having been undertaken, upon reaching the Sasaram Railway station it Patna High Court CWJC No.6234 of 2014 (2) dt.03-07-2014 2 has come to a halt inasmuch as a Sati Mata temple is found situated on the alignment. The petitioner-Corporation facing difficulty in completing the project by reason of the temple in question, held a meeting with the district administration as well as the railway authorities a copy whereof is placed at Annexure- 6 when on 3.12.2012, it was decided in the meeting in which the District Magistrate, Rohtas at Sasaram, the railway authorities as well as the authorities of the Corporation participated that the Sub-Divisional Officer would look into the matter and take necessary steps for shifting of the temple.
Mr. Ashok Kumar Keshari, learned counsel appearing on behalf of the petitioner has submitted that despite the Corporation drawing attention of the District Magistrate on 16.12.2011 and a decision was being taken in this connection on 3.12.2012 to which the District Magistrate, Rohtas is a party requiring the Sub-Divisional Officer, Rohtas to take necessary steps for shifting of the temple which is causing obstruction for completion of the project, yet no steps has been taken forcing the petitioner to move this Court.
The petitioner-Corporation is represented by Mr. Ashok Kumar Keshari while the respondent authorities of the State of Bihar including the District Magistrate and the Sub- Patna High Court CWJC No.6234 of 2014 (2) dt.03-07-2014 3
Divisional Officer are being represented by Mr. H.S. Sundaram, Assisting Counsel to Standing Counsel No.10 and the Nagar Parishad is being represented by Mr. R.C. Sinha.
Let instruction be taken by learned counsel appearing on behalf of the respondents as to the delay in taking appropriate steps for shifting of the temple despite decision having been taken on 3.12.2012.
Issue notice to the respondent no.5, for which requisites etc. both under ordinary process as well as under
registered cover with A/D be filed by Monday, i.e. 7.7.2014, failing which this writ petition as against the concerned respondent shall stand rejected without further reference to the Bench.
Let an extra copy be also filed by the petitioner for effecting Dasti service on respondent no.5 and upon such service being effected by the petitioner, let an affidavit be filed.
As prayed, put up in the same list on 24.7.2014 at the top of the list.
(Jyoti Saran, J) SKPathak/-
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