IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.12646 OF 2009 1. RAJEEV RANJAN SINGH, SON OF BALKESHWAR SINGH, RESIDENT OF MOHALLA GAJRARH, GAURAKSHANI, P.O. AND P.S. SASARAM, DISTRICT ROHTAS 2. SURENDRA RAI, SON OF LATE RAM NARESH RAI, RESIDENT OF NEW AREA, P.O. AND P.S. SASARAM, DISTRICT ROHTAS ……………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, ROHTAS 6. THE ZILA PARISHAD, ROHTAS THROUGH ITS CHIEF EXECUTIVE OFFICER, SASARAM, ROHTAS 7. THE SASARAM MUNICIPALITY THROUGH ITS EXECUTIVE OFFICER, SASARAM, ROHTAS …………………………………………………….………………RESPONDENTS *********** 3 19/09/2011 The petitioners are the shopkeepers who have their shops on the land belonging to the Zila Parishad. The Zila Parishad had constructed a market about ten years back. The land adjacent to the market also belongs to the Zila Parishad. The Zila Parishad is intending to construct a Guest House on the said piece of land. The map etc. of the Guest House has been approved by the Municipal corporation. Being aggrieved by the fact that the Zila Parishad has not provided any civil amenities, such as facility of drinking water, bathrooms, parking space for scooters and cars and space for generator, the petitioners have moved this Court. At paragraph 2 of the counter affidavit filed on 2 behalf of the Zila Parishad, it has been specifically stated that there is no violation of Section 316 of the Bihar Municipal Act, 2007, rather the urinal and the deep boring hand pump for water and vehicle parking are situated in the market complex. This Court doubts this statement, although it is submitted that the urinal and water facilities (hand pump) have been provided in the market complex, the other two requirements of having the parking space specially as the market is situated in the main road, has not been made by the Zila Parishad. The Municipal Corporation has approved the map and has allowed the Zila Parishad to build the market complex without ensuring that there is sufficient space to allow parking for at least a few cars. Since, Counsel for the Zila Parishad submits that the Zila Parishad has undertaking to provide basic civic facilities, this Court cannot pass an order injuncting the Zila Parishad from constructing a duly approved building for the purpose of a Guest House on their own lands. This writ application is disposed of in view of the undertaken by the Zila Parishad. Anand ( Sheema Ali Khan, J.)