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Patna High CourtCWJC/8511/2014disposed

Yogendra Pandey And ANR v. The State Of Bihar And ORS

2024-05-01Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8511 of 2014 ====================================================== 1.

Yogendra Pandey Son of Late Barku Pandey @ Raghubir Pandey Resident of Village - Purana Sabalpur, P.O. Babura, P.S. Barhara, District - Bhojpur at Ara 2.

Raj Mangal Pandey Son of Late Jamadar Pandey Resident of Village - Sabalpur, P.S. Doriganj, District - Saran at Chapra ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Rural Works Department, Government of Bihar, Patna 3.

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

The Chief Engineer, Rural Works Department, Saran at Chapra 5.

The Commissioner, Patna Division, Patna 6.

The Commissioner, Saran Division, Saran at Chapra 7.

The District Magistrate, Saran at Chapra 8.

The District Magistrate, Bhojpur at Ara 9.

The Superintendent of Police, Saran at Chapra 10.

The Sub Divisional Officer, Chapra Sadar, Saran at Chapra 11.

The Circle Officer, Sadar Anchal, Saran at Chapra 12.

The Station House Officer, Barhara, P.S. Bhojpur at Ara 13.

The Station House Officer, Doriganj, Saran at Chapra 14.

The Circle Officer, Anchal Barhara, Bhojpur at Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Mr.Shiw Kumar Prabhakar, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2/4 01-05-2024 The present writ petition has been filed seeking the following reliefs:- "I.For issuance of direction for enquiring into the matter after lodging FIR for misuse of the government money more than 3 crores in construction of Pucca Road from Doriganj Ghat to Bandhua Chapra within the jurisdiction of District Bhojpur and Saran under Pradhan Mantri Gram Sadak Yojna having an area about 5 Km amounting over private land without acquiring the land under Bihar Land Acquisition Act 1961.

II. Also for directing the respondents concerned specially Principal Secretary, Rural Works Department to stop ongoing construction of Pucca Road from Doriganj Ghat to Bandhua Chapra within the jurisdiction of District Bhojpur and Saran under Pradhan Mantri Gram Sadak Yojna over private land of agriculturalist in order to save the government money which is being misused.

III. Also issue direction to the District Magistrate, Saran and Bhojpur to see no construction of Pucca Road from Doriganj Ghat to Bandhua Chapra within the jurisdiction of District Bhojpur and Saran under Pradhan Mantri Gram Sadak

3/4 Yojna having an area of 5 Km over private land of agriculturalists.

IV Also for directing the respondents to take departmental and criminal action against the erring officer who have started construction of Pucca Road from Doriganj Ghat to Bandhua Chapra within the jurisdiction of District Bhojpur and Saran under P.G.S.Y. over the land of the agriculturalists after tender and agreement."

2.

After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Saran at Chapra for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate representation is filed, within a period of two weeks from today, the District Magistrate, Saran at Chapra shall dispose off the same by passing a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

4/4 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U