Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4457 of 2020 ====================================================== Sudhir Kumar, son of Sri Ram Prasad Mahato, resident of villageBrahamsthan, Police station- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Revenue and Land Reform Department, Government of Bihar, patna 3.

The Secretary, Rural Works Department, Government of Bihar, Patna 4.

The Divisional Commissioner, Patna Division, Patna 5.

The District Magistrate, Nalanda at Biharsharif 6.

The Engineer-in-Chief, Rural works Department, Government of Bihar, Patna 7.

The Chief Engineer-1 Rural works Department, Government of Bihar, Patna 8.

The Superintending Engineer, Rural works Department, Government of Bihar, Works Circle, Nalanda at Biharsharif 9.

The Executive Engineer, Rural works Department, Works Division, Hilsa 10.

The Circle Officer, Hilsa, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar, Advocate For the Respondent/s :

Mr.Ajay, GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-12-2020 Petitioner has prayed for the following relief(s): "For issuance of writ in the nature the of Mandamus Commanding the respondents authorities to not construct a road in Hilsa Ke Brahmasthan to Shankar Ji Ke Mandir to Mahadalit Tola, Chauhan Tola under Bihar Rural Roads Project by filing Plot No. 878 and 696 situated in Mauza - Brahmasthan, Thana No. 174, Circle- Hilsa, District-Nalanda in terms of

Patna High Court CWJC No.4457 of 2020 dt.11-12-2020 2/2 Annexure-5 because the aforesaid land is a Canal and due construction of the aforesaid road in the aforesaid land thousands hectare of land will become useless for agriculture operation.

(B) For further directing the respondents authorities to enforce the decision of Government of Bihar vide letter no. 655 (6) dated 16.06.2016 contained in Annexure-5 and construct the aforesaid road in terms of Annexure-5.

(C) To restrain the construction of the aforesaid road during the pendency of the instant writ application. Because the aforesaid road is being constructed against the mandate of Annexure-5 by the Rural Works Department Work Division, Hilsa.

(C) For passing any other order/s, command/s or appropriate writ/s which you lordships deem fit and proper in the facts and circumstances of the instant case in the general interest of the public of different Mauza of Hilsa western side in the District of Nalanda at large."

Learned counsel for the petitioner seeks permission to withdraw the instant petition.

Prayer allowed.

The petition stands dismissed as withdrawn.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date 15.12.2020 Transmission Date