Surendra Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24986 of 2018 ====================================================== Surendra Jha son of Kailash Jha, resident of Village- Birakh, ward No.6, P.SSursand, District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, the Rural Works Department, Bihar, Patna.
2.
The District Magistrate, Sitamarhi.
3.
The Executive Engineer, (Rural works department) Sitamarhi. 4.
The Assistance Engineer, (Rural works department) Sitamarhi. 5.
The S.D.O, Pupri.
6.
The R.E.O. Pupri, Sitamarhi.
7.
The S.I, Bajpatti 8.
The A.S.I, Bajpatti.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr.Devendra Kumar For the Respondent :
Mr.P.N.Shahi -Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 21.12.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following relief/s: "That by this public interest application petitioner seeks indulgence to the Hon'ble Court for issuance of writ/writs, order/ orders/
Patna High Court CWJC No.24986 of 2018(2) dt.07-01-2020 2/3 direction/directions in the nature of mandamus and directing and commanding the respondent authorities may not remove the construction of public road which has completed from Rasalpur Bazar to Bantolawa under the scheme of Mukhmantri Rural Sarak Yojana in which the estimate was sanctioned of Rs. 193.97 crore on 09.02.2009. There are only one road to link from Block Bajpatti to Block Charaut. For further direction to respondent authorities to inquired into the matter having empowered to do any illegal act against the public at large having utilised the road after inquiry may panelised to respondents according to law. "
After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a
Patna High Court CWJC No.24986 of 2018(2) dt.07-01-2020 3/3 period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U