Saidar Ansari v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1103 of 2019 ====================================================== Saidar Ansari, S/o Babujan Ansari, R/o Village and Post - Punaura, P.S. Sitamarhi, District - Sitamarhi ... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Rural Development Ministry, Government of India, New Delhi.
2. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
3. The Secretary, Rural Works Department, Govt. of Bihar, Patna.
4. The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna.
5. The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna.
6. The Superintending Engineer, Work Circle Sitamarhi, Rural Works Department, District - Sitamarhi.
7. The Executive Engineer, Works Division Pupri, Rural Works Department, Pupri, District - Sitamarhi.
8. The Assistant Engineer, Rural Works Department, Work Sub-Division, Pupri, District - Sitamarhi.
9. Shri Umashankar Singh, Son of Shri Chhatthulal Singh, R/o Vill. Narayan Nagar, P.O. Gurukul Mahiyan, P.S. Chhapra Muffasil, Dist. Chhapara. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Choudhary Mr. Bhola Kumar Mr. A. Ankit.
For the Respondent/s :
Mr.P .N. Shahi -AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 15-01-2019 Heard Mr. Ashok Kumar Choudhary, counsel for the petitioner and Mr. Ravindra Singh, assisting counsel to AAGVI. Petitioner prays for issuance of writ in the nature of mandamus directing the respondent authorities in the Rural
Patna High Court CWJC No.1103 of 2019(2) dt.15-01-2019 2/3 Works Department, to complete the process of construction of road under the Pradhan Mantri Gram Sarak Yojana, Path Package No. BR-33R-442, L022 Narayanpur Sasauta to Bhima Makleshwar (VR-04) in the District of Sitamarhi, which according to the petitioner, has already been sanctioned by the Central Government in the financial year, 2014-2015, but work has not been initiated as yet.
The representation of the petitioner made to the Principal Secretary, Rural Works Department, sent on 30.10.2018 is on record, as Annexure-6, which is followed by other representations but since no response was coming that the petitioner is before this Court for reminding the authorities of Rural Works Department of their obligation, as according to the petitioner even when the necessary formalities have been carried out, the execution remains pending.
Having heard Mr. Ashok Kumar Choudhary, learned counsel appearing on behalf of the petitioner and Mr. Ravindra Singh, AC to AAG-VI for the State and the counsel for the Government of India, we are of the opinion that instead of waiting for a counter affidavit, it would be appropriate to direct the Principal Secretary, Rural Works Department, respondent no. 3, to examine the grievance of the petitioner as noted above
Patna High Court CWJC No.1103 of 2019(2) dt.15-01-2019 3/3 is present at Annexure-6 and dispose of the same by speaking order to be passed within a period of three months from the date of receipt/production of a copy of this order and it goes without saying that in case, the grievance so raised, is upheld on its merits, the Principal Secretary would take necessary consequential actions needed for execution of the project. With the directions, as above, the writ petition is disposed of.
(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- U