Patna High Court - Orders
Dr. B. Jha Mrinal vs The State Of Bihar & Ors on 29 June, 2017
Bench: Chief Justice, Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7995 of 2017
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Dr. B. Jha Mrinal S/o Sudist Narayan Jha Resident of Doctors Colony, P.S.
Kankarbagh, Distt. Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Road Construction
Department.
2. The Managing Director, Bihar Rajya Pul Nirman Nigam, Patna.
3. The District Magistrate, Patna.
4. The District Magistrate Vaishali at Hajipur.
5. The Traffic Superintendent of Police, Patna
6. The Superintendent of Police, Hajipur.
7. The Union of India through its Secretary, Surface Transport
Department, New Delhi.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P.K.Shahi, Sr. Advocate
Mr. Suman Kumar, Advocate
Mr. Mahesh Kumar, Advocate
Mr. Vijay Kr. Pandey, Advocate
For the UOI : Mr. S.D. Sanjay, ASG
Mr. Arvind Kr. Tiwary, CGC
Bihar Rajya Pool Nigam : Mr. Lalit Kishore, Sr. Advocate
Mr. Ravindra Kr. Priyadarshi
For the State : Mr. Raj Ballabh Pd. Yadav- AAG11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR
UPADHYAY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 29-06-2017Inter alia, contending that a bridge known as Mahatma Gandhi Setu in Patna connecting Patna to North Bihar was constructed long time back, various pillars like Pillar Nos. 42 to 44 were damaged in the years 2012-13 and now various other pillars have been damaged and no action has been taken for such a long period of time resulting in damage to the bridge and now by Patna High Court CWJC No.7995 of 2017 (3) dt.29-06-2017 2/3 stopping the traffic movement on the bridge in question particularly on the western side, it is stated that various construction work is going on resulting in traffic jam for the entire day and seeking mandamus to the Government to take steps for removal of the hardships to the citizen and make alternative arrangement for the public, to which this writ petition has been filed.
On instruction, Mr. Lalit Kishore, learned counsel for the Pool Nigam and Mr. S.D.Sanjay, appearing for the Union of India pointed out that a tender had been floated for demolishing the damaged super structure and tender has already been awarded and further an alternative bridge has also been put into place to cater the hardship of the people at large known as Jaiprakash Narayan Setu and a pontoon Bridge parallel to the Mahatama Gandhi Setu has also been made functional. It is stated that the Government is in seized of the matter and necessary steps have been taken and in this public interest litigation no interference into the matter is called for.
Taking note of the submissions made by learned counsels for the respondents, we see no merit in this public interest litigation to make any interference. The Government is already in seized of the matter and necessary steps are being taken. Patna High Court CWJC No.7995 of 2017 (3) dt.29-06-2017 3/3
This writ petition is disposed of directing the Government to take all steps as required specially in public interest.
(Rajendra Menon, CJ)
S.Pandey/- (Anil Kumar Upadhyay, J)
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