Rajiv Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22013 of 2018 ====================================================== Rajiv Kumar, Son of Tripurari Saran Singh, Resident of Village - Kanchanpur, P.O. - Amhara, P.S. - Bihta, District - Patna, at present - Road No. 22, Plot No. 148, Srikrishna Nagar, P.S. - Budha Colony, District Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through Chief Secretary, Bihar. 2.

Secretary, Rural Works Department, Bihar 3.

Executive Engineer, R.W.D. Danapur Division, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajiv Kumar in Person For the Respondents :

Mr. Pushkar Narain Shahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 19.11.2018 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 reliefs: "(i) To issue an appropriate writ/order/direction in the nature of mandamus directing the Respondents to take appropriate action for the construction of sewerage in village - Kanchanpur, Bihta, Patna. The P.C.C. Road is being constructed without making proper sewerage. But the Respondent No. 1 and 2 have not taken any appropriate action upon the said application.

Patna High Court CWJC No.22013 of 2018(2) dt.06-01-2020 2/3 (ii) To direct the respondents particularly to the Hon'ble Chief Secretary, Bihar & Secretary, Rural Works Department, Bihar to stop the work and take action to make proper sewerage. Enquiry report is already given by Executive Engineer, Danapur Division but the Respondent No. 2 has not taken any appropriate action to construct along the road sewerage.

(iii) To direct the respondent no. 1 and 2 to construct the sewerage."

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 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.

Patna High Court CWJC No.22013 of 2018(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) P.K.P./-Rajeev Kumar U