IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.637 of 2008
Shiv Shankar Das son of Jagdish Das, resident of village Dighi Kala,
Town-Hajipur, P.S. Hajipur Sadar, District Vaishali
Versus
1. The State Of Bihar
2. The District Collector, Vaishali at Hajipur
3. The Sub-Divisional Officer, Hajipur Sub-Division, Hajipur,
District Vaishali
4. The Executive Engineer, Road Construction Department, Hajipur,
District Vaishali
5. The S.D.O. -cum- Assistant Engineer, Road Construction
Department, Hajipur, District Vaishali.
02/ 16.12.2010
Heard learned counsel for the petitioner and
the State, who has filed counter affidavit duly affirmed
by the Executive Engineer, Road Construction
Department, Vaishali Road Division, Hajipur.
2. This writ petition has been filed praying,
inter alia, to direct the Civil Administration, Hajipur to
remove the platform and the canon, which have been
raised in front of plot no. 67 situate at the corner of
Gandhi Ashram in the town of Hajipur.
3. It is submitted on behalf of the petitioner
that by raising the platform and by placing a canon
over the same, footpath adjacent to plot no. 67 is
obstructed depriving the petitioner, his customers to
have free access to the tea-stall situate over plot no. 67.
-2-
4. From paragraph 7 of the counter affidavit, it
appears that steps were taken to remove the concrete
platform from the footpath adjacent to the land of the
petitioner, but on account of the collective hindrance
putforth by the local people threatening fast unto death
as also immolation, the platform was not removed.
5. Having heard counsel for the parties, I am
of the view that local administration has to discharge
its duties in accordance with law ignoring the
hindrance put forth by the local people. Footpath is
meant for movement of the pedestrian(s) and cannot be
obstructed by raising platform and putting canon over
the same. If the canon is precious having antique value,
same be restored in museum and not on the footpath by
raising platform.
6. Accordingly, I direct the Collector, Vaishali
at Hajipur to remove the platform raised in front of plot
no. 67 at the corner of Gandhi Ashram in the town of
Hajiur together with the canon, as early as possible, in
any case, within two months from the date of receipt/
production of a copy of this order before the Collector,
-3-
Vaishali at Hajipur.
7. The writ petition is, accordingly, disposed
of.
Arjun/ (V.N. Sinha, J.)