Md.Khurshid Alam v. Superitendent Of Police, Motihari

.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Sinha For the Respondent/s : Mr. (Aag10) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 5 25-06-2013 The State Government is not shirking from its responsibility of constructing a boundary wall around Graveyards duly identified as such. But since local disputes and law and order situations arising therefrom is an important component, the District Administration held a meeting and drew up a priority list, depending upon the availability of funds for construction of boundary walls which is going on exercise on the basis of priority list annexed as Annexure-A. Since, there is no reflection in the writ application that there was any assertion on behalf of any person much less the petitioner before the District Administration when the first list was drawn up, the stand of the State that the Graveyard of which the present petitioner is raising a grievance has not been included in the said list of priority. His case has been taken up Patna High Court CWJC No.19037 of 2010 (5) dt.25-06-2013 2 and included in yet another list after a letter was received from the Joint Secretary Home (Special) letter no. 298 of 21.03.2012. It is evident from Annexure-B that all subsequent requests emerging from various quarters have been crystallized into a tabular form. Request of the petitioner as well as the direction of the Joint Secretary Home (Special) has been taken note of and District Administration will carry out the direction phase wise on availability of funds and release thereof from time to time. Since, there is no denial with respect to the relief which the petitioner is looking for, there is no occasion to issue a mandamus as such upon the respondents so far as the priority is concerned. The District Administration has to decide the priority or otherwise in construction of boundary walls around this Graveyard in question, since resources are always an issue for the State like Bihar. This writ petition is disposed of with a direction upon the District Administration to do the needful no sooner the funds become available to them or when the turn of petitioner comes. P.K./- (Ajay Kumar Tripathi, J)