Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3868 of 2022 ====================================================== Yogendra Prasad Son of Sati Lal Prasad Resident of Vaishakhi Patti, Police Station- Town Motihari, Dist- Motihari, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Road and Construction Department, Government of Bihar, Patna, Bihar. 2.

Principal Secretary Road Construction Division Bihishawarya Bhawan Bailey Road, Patna, Bihar.

3.

Chief Engineer North Bihar Wing Road Construction Department, Darbhanga.

4.

Superintendent Engineer Road Construction Division, North Bihar Circle, Muzaffarpur.

5.

Executive Engineer, Road Construction Division, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Mr. Mithlesh Kumar Gupta, Advocate For the Respondent/s :

Mr. Amit Prakash, GA-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 04-11-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.3868 of 2022 dt.04-11-2022 2/3 Having heard learned counsel for the parties as also given thoughtful consideration to the pleadings on record, we are of the considered view that the petition can be disposed of with a direction to the Respondent No. 1, namely, the State of Bihar through Principal Secretary, Road and Construction Department, Government of Bihar, Patna, Bihar to immediately convene a meeting of all the stake-holders and ensure that the construction of road in question is completed at the earliest. We may only point out that the work commenced in the year 2013-2014 and could not be completed only on account

Patna High Court CWJC No.3868 of 2022 dt.04-11-2022 3/3 of certain encroachments which ought to have been removed by the authorities in accordance with law.

Let needful be positively done within next three months.

Liberty reserved to the petitioner to approach the Court afresh, should the need so arise subsequently. The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

Learned counsel for the State undertakes to communicate the order to the Respondent No. 1, namely, the State of Bihar through Principal Secretary, Road and Construction Department, Government of Bihar, Patna, Bihar for necessary compliance.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 11/11/2022 Transmission Date