Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3446 of 2024 ====================================================== Amit Kumar S/o Lal Bahadur Singh resident of Vill. - Babu Chakla, P.OMahaddipur, P.S- Pasraha, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Rural Works Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer, Rural Works Department, Government of Bihar, Patna. 4.

The District Magistrate, Khagaria.

5.

The Executive Engineer, Rural Works Department, Work Division Gogari, Khagaria.

6.

The Assistant Engineer, Rural Works Department, Work Division Gogari, Khagaria.

7.

The Junior Engineer, Rural Works Department, Work Division Gogari, Khagaria.

8.

The Circle Officer, Gogari, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Advocate For the Respondent/s :

Mr.Government Advocate (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of a direction to the respondents to make the payment of refilling cost of the soil of the agricultural land of the petitioner which was illegally cut/excavated by the respondent in the construction of the road under MMGSY scheme and the cost of the refilling was assessed by the respondent in the tune Rs-3,37,910/-.

Patna High Court CWJC No.3446 of 2024(2) dt.06-05-2024 2/3 (ii) For issuance of the direction to the respondents to take suitable action against the responsible persons who has deliberately delayed in assessing and making the payment of soil, illegally excavated from the agricultural land of the petitioner situated by the side of the road without the consent and permission of the petitioner and without any compensation.

(iii) For issuance of a direction to the respondents to make the payment at new rate because the refilling cost of the soil has been estimated at old rate."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.5 i.e. the Executive Engineer, Rural Works Department, Works Division Gogari, District-Khagaria for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Executive Engineer, Rural Works Department, Works Division Gogari, District-Khagaria, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter and in case any amount is found

Patna High Court CWJC No.3446 of 2024(2) dt.06-05-2024 3/3 payable to the petitioner, the same shall also be paid during the same time frame.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U