Banshi Badan Ray v. The State of Jharkhand

SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J. --------- For the Petitioner : Mr. Din Dayal Saha, Advocate : Mr. Piyush Chitresh, AC to A.G. For the State : Mr. Krishna Murari, Advocate For Resp. No.7 Mr. Jayesh Anand, Advocate --------- 04/ Dated: 18.10.2023 Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.) ORDER 1) By filing this Public Interest Litigation, the petitioner has prayed for the following reliefs:- I) For the direction upon the respondents to take necessary step with respect to repair the damage and hazardous road passing through the main township of Rajmahal Nagar Panchayat having Sub-Division Head Quarter, area of almost 4-5 K.M. situated in the district of Sahibganj. -2- II) Further pray for a direction upon the respondents to take necessary step with respect to ongoing construction of drainage system within the Rajmahal township so that local inhabitance may be protected from heavy air pollution and others unwanted incidents. III) Further pray for a direction upon the respondents to complete ongoing works with certain time frame so that health and life of the people may be protected and to prosecute to erring respondents. We are not satisfied with the credential of the petitioner. However, we are of the opinion that the petitioner is raising a genuine issue in the sense that the road in the midst of the Rajmahal Town which passes by the Civil Court requires immediate repair. In that view of the matter, treating it suo moto Public Interest Litigation, we hereby direct the respondent No.4 (The Deputy Commissioner, Sahebganj, P.O., P.S. & District- Sahibganj) and respondent No.5 (The Sub-Divisional Officer, Rajmahal, P.O. & P.S.- Rajmahal, District- Sahibganj) to inspect the road in question within a period of 30 days and take a decision after providing proper opportunity to the petitioner, if necessary, for repairing of the aforesaid road. With such observations, this Public Interest Litigation disposed of. We hope and trust that the entire process must be completed within a period of three months from the date of receipt/ production of copy of this order. There shall be no orders as to costs. Urgent certified copies as per rules. (Sanjaya Kumar Mishra, C.J.) sharma/R.S. (Ananda Sen, J.)