Radha Mishra v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9100 of 2023 ====================================================== 1.

Radha Mishra W/O Deepak Kumar Jha, Resident of Suryalok Colony, P.S. Mojahidpur, District- Bhagalpur.

2.

Abhishek Kumar Son of Mithilesh Jha, Resident of Azad Nagar, Gonudham Baluvachak, Near Railway Station, Baijani, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Road Transport and Highways, New Delhi.

2.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 3.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

4.

The District Magistrate, Bhagalpur.

5.

The Superintending Engineer, National Highways, Zero Mile, Bhagalpur. 6.

The Executive Engineer, National Highways, Zero Mile, Bhagalpur. 7.

The General Manager (Technical)-cum-Project Director, Project Implementation Unit (PIU), Munger, Zila Parishad office Building, Munger, District- Munger, department of National Highways Authority of India (Ministry of Road Transport and Highways).

8.

Monte Carlo House, Sindhu Bhawan Road, Bodakdev, Ahmadabad, Gujarat, presently operated from Project office Camp, Bypass Road, Near Birla Open Mind School, Adjacent to Railway Over Bridge, Banka Rail Line, Bhagalpur, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the State :

Mr.Uday Shankar Sharan Singh ( GP 19 ) For the UOI :

Mr.RK Sharma, CGC For NHAI :

Dr.Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ in the nature of certiorari for quashing of the Office Corrigendum dated 15.11.2022 passed by the Project Director whereby

Patna High Court CWJC No.9100 of 2023(2) dt.22-08-2023 2/2 the claim of the petitioners for service road in L.H.S. between the chainage 132 + 060 to 133 + 310 has been rejected without considering that the claim of the petitioners is only to construct the said project as per the DPR (Detailed Programme Report) approved and provide the service road for connecting villages. (ii) For further direction to the Respondent authorities to reconsider the case of the petitioners in the light of request made by the public so that the people of the connecting villages can easily access ingress and egress over the said highways known as Munger-Mirzachowki 4 Lane Road.

(iii) For further direction to the Respondent authorities to hear afresh claim of the petitioners providing personal hearing and dispose of the claim in view of the approved DPR."

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U