IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11743 of 2008 ***** Umesh Kumar son of Late Sri Ram Nath Sah, resident of Mohalla- Laxami Narayan, Churi Market, P.O.- Muzaffarpur, P.S.- Town Police Station, District-Muzaffarpur. …. …. Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Muzaffarpur. 3. The Sub-divisional Magistrate, (East) Muzaffarpur. 4. The Secretary, Nagar Vikash Department, Bihar, Patna. 5. The Muzaffarpur Nagar Nigam through its Municipal Commissioner-cum-Chief Executive Officer, Muzaffarpur Nagar Nigam, Muzaffarpur. 6. The Municipal Commissioner-cum-Chief Executive Officer, Muzaffarpur Nagar Nigam, Muzaffarpur. 7. Smt. Bimla Devi Tulsyan, Mayor, Muzaffarpur Nagar Nigam, Muzaffarpur. …. …. Respondents ----------- For the Petitioner : Mr. S.K.Singh, Advocate For the Respondent Nos. 5 to7: Mr. Awadhesh Kumar, Advocate For the Respondent State : Mr. Mukund Moha Jha, Junior Counsel to Standing Counsel-VII ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 22nd October, 2008. In this writ petition, filed in the nature of public interest litigation, prayer has been made for issuance of direction to respondent nos. 5 to 7 to remove the shops constructed over the plot of land where earlier rooms were existing for keeping bodies for identification. The petitioner has also prayed for a direction to respondent nos. 5 to 7 to make available suitable space/room near Sadar Hospital, Muzaffarpur for keeping dead bodies for - 2 - identification. 2. The respondent nos. 5 to 7 have responded to the writ petition by filing counter affidavit on 22nd September 2008. In the counter affidavit, it is stated that the subject shops have not been constructed over the land after demolishing the room/s allegedly used for keeping dead bodies for identification. The said respondents have denied that the subject land or portion thereof was ever used for keeping unidentified dead bodies. It is stated that there is already an area in Sri Krishna Medical College and Hospital earmarked for the purpose of identification and proper disposal of unidentified dead bodies. 3. The petitioner has filed rejoinder to the reply filed by the respondent nos. 5 to 7. 4. In view of what has been stated in the counter affidavit filed by the respondent nos. 5 to 7 which we have no justifiable reason to disbelieve, we find that no case for invocation of high prerogative jurisdiction is made out and that, too, in the public interest. 5. This writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-