IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE NO. 11270 of 2010
==================================================
Shambhu Chaudhary s/o Hare Krishna Chaudhary, r/o village -
Hasanpur, P.S. Khanpur, District - Samastipur ..... Petitioner
Versus
1. The State Of Bihar
2. The Collector, Samastipur
3. The Deputy Development Commissioner-cum-Chief Executve
officer, Office of the Zila Parishad Samastipur
4. The Chairmna, Zila Parishad, Samastipur
5. TheSub-divisional Officer, Rosera, Samastipur
6. The Circle Officer, Sivnagar, P.S. Sivjinagar, Samastipur
7. Indradev Singh s/o Padarath Singh, r/o village Phatehpur, P.S
Khanpur, Samastipur
8. Jeebachh Yadav s/o Kapil Yadav, r/o village - Baghopur, P.S.
Rosera, Samastipur
9. Ram Sagar Yadav s/o Kailu Yadav, r/o village - Baghopur, P.S.
Rosera, District - Samastipur ......... Respondents
=================================================
APPEARANCE
For the Petitioner : Mr. Ghanshyam Choudhary, Advocate
For the State : Mr. Sunil Kr. Mandal, SC XV
For the Respondents 3 & 4: Mr. Amitabh Bhardwaj, Advocate
================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 17/8/2010 The petitioner claims to be a social worker. He
has brought this petition under Article 226 of the
Constitution in public interest. He has challenged the
action of some unknown persons in collecting toll tax at
Balha Phatehpur Ghat situated under Shivajee Nagar
Block, District – Samastipur, from the persons and the
vehicles who cross the river. It is the complaint of the
petitioner that though there was no water in the river, the
2
people, the cattle or the vehicles were not required to
take ferry across the river, illegal toll tax is collected.
The State has contested the writ petition. It is
denied that any illegal toll tax was collected from the
persons and the vehicles that crossed the dry river bed.
Learned advocate Mr. Amitabh Bhardwaj
appears for the Zila Parishad. He has produced the
Resolution dated 1st July 2010. Under the said
Resolution, the Government has taken over the
responsibility of Ghats in the State of Bihar and Zila
Parishads are absolved from the upkeep of the Ghats.
Toll tax collected by the Zila Parishad is abolished.
In view of the statements made on behalf of
the State authorities and the aforesaid Resolution, no
further action is required. Besides, the petition is too
vague and is bereft of the specific incidences.
The petition is disposed of.
( R. M. Doshit,CJ.)
( Jyoti Saran, J.)
Neyaz/