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2008 DIGILAW 930 (JHR)

Jharkhand Yayayat Karamchari Welfare Swabalambi Sahkari Samity v. State of Jharkhand

2008-08-13

D.G.R.PATNAIK

body2008
Order In this writ application, petitioner has prayed for a writ in the nature of mandamus, commanding upon the Respondents to consider the grievances of the petitioner as contained in its Representation dated 31.7.2007 (Annexure-9) and for entrustment and authorization of the petitioner's society to manage, maintain and implement the proposed plan of the bus-stand within a specified period. 2. The claim of the petitioner is primarily based on an earlier order of this Court, passed on 21.4.1999 in C. W.J.C. No. 3619 of 1998(R). 3. The case of the petitioner, which is a Registered society, is that by a Notification issued by the Deputy Commissioner. Jamshedpur on 25.11.1998, the site of the existing bus stand was notified to be shifted to a new site, although the requisite facilities and amenities for passengers and others concerned were not cheated. Vide Order dated 21.4.1999, passed in the aforesaid writ application, which was filed by the petitioner against the impugned Notification, this Court had directed that since T.I.S.C.O. had agreed to provide a new site for relocation of the bus-stand, it shall provide the necessary infrastructure and facilities for operation of the bus-stand at the new site and if some amenities are still required to be provided, then the petitioner should approach the Deputy Commissioner of the District, who in his turn would ensure that the essential amenities are provided and if possible by the T.I.S.C.O. Ltd. 4. The contention of the petitioner is that in spite of the above orders of this Court in the aforesaid writ application though the bus stand has been shifted to the new site and is presently operating from there but the essential amenities of Toilet, Bathroom, Passenger Shed, Restaurant, Drinking Water Facilities and Ticket Counter etc. have not been provided for the passengers and for the bus operators within the bus-stand. 5. It is also pointed out that pursuant to a querry made by the Additional Collector, East Singhbhum, Jamshedpur, the Special Officer, Jamshedpur Notified Area Committee has informed that the Sanitary maintenance of the bus stand is being presently performed by the Jharkhand Yayayat Karamchari Welfare Swabalambi Sahkari Samity Ltd., Jamshedpur and that the development of the bus-stand is being done by the Urban Development Department and for the purpose of transfer of the land, from where the bus-stand is presently operational, a letter has been issued to the District Revenue Department. 6. 6. On the basis of the above stated facts, the petitioner has claimed that they should be given entrustment and authorization to manage, maintain and implement the proposed plan of the bus-stand. 7. Though Mr. Prashant Pallav, learned J.C. to S.C. (Mines) is present, representing the Respondent-State but no counter affidavit has been filed. 8. From the facts and circumstances as indicated in the writ application, it appears that for the purposes of ensuring the availability of the required amenities and other facilities at the bus-stand at its newly allocated site, a direction - was earlier given by this Court vide Order dated 21.4.1999 in C.W.J.C. No. 3619 of 1998 (R) and the Deputy Commissioner of the concerned District was directed to look into the requirements for the amenities etc., which could be provided at the bus-stand and to get the same executed and provided on behalf of the State, if necessary through the co-operation of the T.I.S.C.O. Ltd. The petitioner may file their representation before the Deputy Commissioner, East Singhbhum, inviting his attention to the amenities required at the bus-stand and the Deputy Commissioner, shall act upon such representation in accordance with the order dated 21.4.1999 as passed by this Court in C.W.J.C. No. 3619 of 1998(R). 9. As regards the petitioner's prayer for granting it the entrustment and authority to maintain, manage and implement the proposed plan of the bus-stand, the same is a matter, which the petitioner can agitate before the concerned Department of the State Government. This Court cannot issue any such directions to the State Government in this regard. 10. With these observations, this writ application stands disposed of.