IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.3372 of 2011
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NASIB LAL YADAV & ORS - Petitioners
Versus
THE STATE OF BIHAR & ORS - Respondents
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Appearance :
For the Petitioner: Mr. Indradeo Prasad, Advocate
For the Respondent State: Mr. Ashok Kumar Keshri, AAG-11
For the Respondent PMC: Mr. Bishwa Bibhuti Kr. Singh, Advocate
For the Respondent BRJP: Mr. Indrajeet Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5. 25.3.2011. This petition under Article 226 of the
Constitution is filed in public interest to express the
grievance of the residents of Gardanibagh Road No.2 in
respect of water supply by Patna Municipal Corporation.
One Ravindra Kumar, Chief
Engineer(Water), Patna Municipal Corporation has filed
counter affidavit. The affidavit suggests that the
grievance expressed in the writ petition is genuine. On
account of old, leaking lines, the water supply is
adversely affected. The corporation has taken over and
has decided a long term plan to replace water supply
lines in the areas of Patna Municipal Corporation.
We do appreciate the concern of the
respondents and their decision to replace old water
supply lines. However, that obviously is a long term
plan; that cannot bring immediate relief to the residents.
It is the bounden duty of the respondents to work out an
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alternative for immediate relief to the residents.
After long drawn arguments, we do not
receive adequate assistance from the learned Advocates
representing the respondents. We have been boldly told
that no immediate relief can be granted to the residents.
In other words, the residents will have to wait for
adequate water supply till all water supply lines are
replaced by the Patna Municipal Corporation, may be,
within a couple of years. For the obstinate stance taken
by the learned Advocates representing the respondent
authorities, we are constrained to direct Shri Ravindra
Kumar, Chief Engineer (Water), Patna Muncipal
Corporation to work out an alternative for immediate
relief to the residents of Gardanibagh Road No.2 and
place it on the matter on 4th April 2011.
In the event, Shri Ravindra Kumar fails to
carry out this direction, he should personally remain
present before the Court on 4th April 2011.
Copy of the order be furnished to the learned
Advocates appearing in the matter.
The registry shall send a copy of this order to
Shri Ravindra Kumar, Chief Engineer (Water), Patna
Municipal Corporation forthwith.
(R.M. Doshit, CJ)
(Jyoti Saran, J)
Pawan/-