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2025 DAILYLAW 65873 (PAT)

Atul Gaurav v. The State of Bihar

CWJC/12547/2025 · 2025-09-19

Alok Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12547 of 2025 ====================================================== Atul Gaurav S/o Arvind Kumar Sinha and Neelam Sinha, Permanent Address- Sahangi, Ward- 11, P.S. Sahangi, District- Bhojpur, PIN 802203, Presently residing at- Mahendrapooram Apartment, Block- A, Flat No. N4 Polson- Digha Road, P.S. Digha, District- Patna, Bihar, PIN- 800011. ... ... Petitioner/s Versus 1. The State of Bihar Through its Chief Secretary, Main Secretariat, Patna- 800015. 2. Urban Development and Housing Department, Through its Secretary, Vikas Bhawan, Biley Road, Patna, Bihar- 800015. 3. Patna Municipal Corporation, Through its Municipal Commissioner, Maurya Lok Complex, Budh Marg, Patna, Bihar- 800001. 4. Divisional Commissioner, Patna. 5. Deputy Development Commissioner (DDC), Patna. 6. The District Magistrate, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Atul Gaurav ( In Person ) For the Respondent/s : Mr.Advocate General Mr. Prasoon Sinha, Sr. Adv. Mr. Prabhat Kumar, Adv. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 19-09-2025 In the instant petition petitioner has prayed for the following reliefs: “(A) Directing the Respondents to relocate the slums/hutments situated along the dirty and filthy Nala flowing adjacent to Digha Pul, PS- Digha, Patna, PIN 800011, Patna and clear the encroachments after providing an alternative arrangement for rehabilitation as per the Bihar Patna High Court CWJC No.12547 of 2025 dt.19-09-2025 2/3 State Slum Policy, 2011 and Affordable Housing and Slum Rehabilitation Housing Policy, 2017. (B) Directing the Respondents to place before this Hon'ble Court a proper slum rehabilitation plan before demolishing/disturbing/ relocating the settlements/hutments by ensuring that it should be close to the existing location, to create minimum disruption in livelihood activities, and all relocation be carried out in consultation with affected slum dwellers and after taking cognizance of the distance to workplace and other livelihood opportunities. (C) Directing the Respondents to constitute a committee to identify such slum settlements across the city of Patna who have settled in filthy and dirty places like nalas/sewerage, etc. and are in dire need of immediate reliefs on an urgent basis especially during unfavourable weather conditions such as heavy rains, etc. (D) Or, issue any such other or further orders as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case so as to secure the ends of justice.” 2. No material information has been furnished other than few photographs. Based on few photographs the present petition is not maintainable, that apart the concerned authority has not been provided an opportunity to examine or redress the grievance of the petitioner. Accordingly, the present petition is not maintainable and writ petition stands disposed of as premature. Disposal of the Patna High Court CWJC No.12547 of 2025 dt.19-09-2025 3/3 present would not be a hurdle for the petitioner to invoke remedy before the concerned authority in the form of application/ representation along with materials. If such application or representation is submitted, in that event, the concerned authority is hereby directed to examine the grievance of the petitioner within a period of four months from the date of receipt of application/representation. Prakash Narayan (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 23.09.2025 Transmission Date NA