IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17218 of 2008 RAM NARAIN CHOUDHARY son of late Keshwar Choudhary, resident of ward no.9, P.O. Sheohar, District- Sheohar. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Urban Development,Govt. of Bihar,Patna. 2. The Collector, Sheohar. 3. The Deputy Development Commissioner, Sheohar. 4. The S.D.O.Sadar,Sheohar. 5. The Executive Officer,Nagar Panchayat,Sheohar. ----------- 2 8.12.2008 Petitioner asserts that he has a plot of land adjacent to and contiguous to road flank, which is a public road. Right in front of his plot on the land on the road flank, respondents have decided to construct a Sulabh Sauchalay. The effect is that his right of entrance and exit from the road through the road flank to his property is now to be permanently obstructed. Road flank , he submits, is meant for public use as a Public Path and no permanent construction occupying the road flank can be permitted. Apart from other he relied on a Division Bench judgment of this Court in the case of Binod Pd. Singh & ors. –v- State of Bihar & ors. since reported in 2003(1)PLJR 396. He submits that objecting to the said construction he had filed an application before the Collector, which was pending and the construction is continuing. In my view, as an application has been filed before the Collector of the district , it would first be desirable that the same is disposed of by the Collector immediately before any further harm or damage is done to the petitioner’s right. I,therefore, direct that the - 2 - Collector shall dispose of petitioner’s application/representation within a period of one month from today.For the period of one month or till the Collector passes final orders, respondents are restrained from constructing the Sulabh Sauchalay any further,once the Collector passes an order, petitioner would have his remedy against that order, as he may be adivised in law. The writ petition stands disposed of. Let a copy of this order be given to learned counsel for the State. singh (Navaniti Prasad Singh)